Full Court Minute Books

Case S35/2021

Arsalan v. Rixon
Nguyen v. Cassim

Case Nos.

S35/2021 and S36/2021

Case Information

Lower Court Judgment

18/06/2020 Supreme Court of New South Wales (Court of Appeal) (Meagher & White JJA, Emmett AJA)

[2020] NSWCA 115

Catchwords

Torts – Damages – Damage to chattel – Where applicants’ negligence resulted in motor vehicle collision with respondents’ “high-value”, “prestige” vehicles – Where respondents’ vehicles damaged, and respondents hired replacement vehicles of equivalent value while damaged vehicles underwent repairs – Where respondents claimed damages for cost of hiring replacement vehicles of equivalent value in NSW Local Court – Where magistrate awarded damages only for cost of hiring suitable replacement vehicle for uses vehicle will likely to be put, not necessarily of equivalent value – Where respondents’ appeal to Supreme Court dismissed – Where respondents’ appeal to Court of Appeal allowed – Where Court of Appeal majority held damages be awarded to put claimant in position they would have been in before wrongdoing, i.e., for replacement vehicle of equivalent value – Where each judge in Court of Appeal applied different standard – Whether respondents entitled to claim damages for cost of hiring replacement vehicles of equivalent value to damaged prestige vehicles – Whether equivalent value replacement vehicle reasonable – Correct test of quantification of damages.

Documents*

12/03/2021 Hearing (SLA, Canberra)

26/03/2021 Notices of appeal

30/04/2021 Written submissions (Appellant in S35/2021)

30/04/2021 Chronology (Appellant in S35/2021)

30/04/2021 Written submissions (Appellant in S36/2021)

30/04/2021 Chronology (Appellant in S36/2021)

28/05/2021 Written submissions (Respondent in S35/2021)

28/05/2021 Written submissions (Respondent in S36/2021)

18/06/2021 Reply (Appellant in S35/2021)

18/06/2021 Reply (Appellant in S36/2021)

8/09/2021 Hearing (Full Court, Canberra and by video connection)

          8/09/2021 Outline of oral argument (Appellant in S35/2021)

          8/09/2021 Outline of oral argument (Respondent in S35/2021)

          8/09/2021 Outline of oral argument (Appellant in S36/2021)

          8/09/2021 Outline of oral argument (Respondent in S36/2021)

08/12/2021 Judgment (Judgment summary)