Moshos v. French (No. 3) [2014] NSWSC 1417This recent New South Wales Supreme Court case considered whether a Calderbank offer ought to have been accepted by an unsuccessful Plaintiff and whether costs should be awarded on an indemnity basis.In a previous judgment, the Court rejected the Plaintiff’s claim that he made a binding contract with the First ...

Quine v Keerasawat [2014] WA DC150In the recent decision of the District Court of Western Australia, the Court considered damages for personal injuries where there had been an unlawful use of a motor vehicle in circumstances where the Plaintiff and Defendant were jointly engaged in criminal conduct.On 2 June 2011, the Plaintiff was a passenger in a ...

Franklin v Blick [2014] ACTSC 273On 17 June 2009, the Plaintiff was riding his bicycle in a dedicated bicycle lane while the Defendant was riding his bicycle in the same direction as the Plaintiff. They were not quite side by side with the Defendant slightly in front and to the left of the Plaintiff. At some point the bicycle driven by the Defendant hit a ...

Walker v Symonds & Anor [2014] QCA 148Holmes JA, Atkinson and Dalton JJ considered an Appeal from the District Court.The Appellant Plaintiff sought leave to appeal a judgment dismissing her claim for personal injuries caused when she came into collision with a car. The collision occurred at a roundabout controlled intersection where the Plaintiff ...

Murray v Nominal Defendant [2014] QDC 144The Plaintiff was hit from behind whilst stationary at a McDonald’s drive through. Both the Plaintiff and his wife observed the other vehicle, although failed to record the registration number. CCTV footage was not operational. An advertisement was placed in the newspaper calling for witnesses. The question before his Honour ...

O’Connor v. McGregor [2015] WADC 30In O’Connor, the Plaintiff was a pedestrian who was hit at night by a school bus while walking in the same direction as the bus. Other relevant facts include:- The Plaintiff had been at a wedding and was walking along Leeman Road at about 1:25am; That he had a blood alcohol reading at the time of his death of ...

Ali v. Auguste & Anor [2014] QDC 272This was a claim involving nervous shock. The Plaintiff was 12 years old at the time of the accident and was walking with her cousin on the footpath when the First Defendant mounted the footpath striking the Plaintiff’s cousin causing her to be propelled forward some distance before finally hitting the ground. As a ...

Kigetzis v. Roche [2014] VSC 657In this case, the Plaintiff was a pedestrian crossing at a traffic light controlled intersection when he was struck by a vehicle driven by the Defendant. The Plaintiff sustained severe injuries as a result. Liability was strongly contested with the Defendant alleging the Plaintiff walked across the intersection against a red ...

Davis v. Swift [2014] NSWCA 458On 20 March 2009 the appellant pedestrian was injured when a motor vehicle driven by the Respondent ran over her right foot after the appellant attempted to cross Vincent Street in Cessnock.At the relevant time each curb side lane was occupied by parked vehicles. The Respondent’s vehicle was parked on the eastern side of ...

Tinworth v Haydon & Insurance Australia Limited [2014] QCA 183On 10 January 2011, during an extended period of heavy rain and flooding, Mr Tinworth had been driving his utility on the Cunningham Highway when he hit a patch of water across the road. He braked, but lost control of his vehicle, which aquaplaned into a ditch on the left hand side of the road. ...