Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13:

1. In these proceedings, the plaintiff, Mr Billy Zamagias, sues the defendant, Ms Antoinette Saltalamacchia, in negligence for damages allegedly arising out of a motor vehicle accident which occurred on 22 May 2018. The defendant denies liability. The case essentially turns on who was responsible for the accident which occurred in which both parties were injured, the plaintiff seemingly much more seriously, with the plaintiff's motor vehicle flipping onto its roof as a result of the collision.

2. There was originally a final hearing of the matter before Ainslie-Wallace ADCJ in 2023. Her Honour gave judgment on 13 December 2023 in favour of the plaintiff. The defendant appealed, and the Court of Appeal allowed the appeal and set aside the orders made by Ainslie-Wallace ADCJ: Saltalamacchia v Zamagias [2024] NSWCA 184. There was no appeal in relation to the quantum of damages awarded by her Honour. The Court of Appeal ordered that the matter be remitted to this Court "for a retrial on liability only before another judge to be allocated by the Chief Judge of the District Court".

3. These reasons deal with the question of liability as remitted.

The pleadings

4. The plaintiff commenced the proceedings by Statement of Claim filed on 24 November 2021. In the Statement of Claim, it is pleaded that proceedings are brought pursuant to the Motor Accident Injuries Act 2017 (NSW) ("the Act"). It is pleaded that at all material times the plaintiff was the driver of a white van and the defendant was the driver of a white sedan. It is pleaded that the plaintiff was driving his van on the transit way lane located along the centre of Hoxton Park Road in an easterly direction in the western suburbs of Sydney. It is also pleaded that at the same time the defendant was driving her vehicle on a right-turn lane along Hoxton Park Road in an easterly direction, to the left of the plaintiff. The plaintiff claims that as he approached the intersection of Hoxton Park Road with Access Road, he travelled through the intersection on a white "B" signal which indicated right of way for vehicles travelling along the T-way. He asserts that the defendant made a right hand turn across the intersection striking the rear left side of the plaintiff's vehicle causing the plaintiff to lose control of the vehicle and causing the vehicle to flip, with the plaintiff suffering injuries.

5. Particulars of negligence are provided as follows:

a) "Failing to give way to the Plaintiff;

b) Disobeying a traffic control signal;

c) Failing to observe the presence of the Plaintiff on the roadway;

d) Making a right hand turn across the T-way when it was not safe to do so;

e) Failing to keep a proper lookout."

6. As the remitter only deals with the question of liability, it is unnecessary to go through the details of the plaintiff's claimed injuries.

7. In a Defence filed on 4 March 2022, the defendant admits the general background facts but states that she was stationary in the right hand turn lane at the intersection of Hoxton Park Road and Access Road and then turned right across the intersection when a green right turn arrow gave her the right to do so.

8. Accordingly, the issue to be determined is whether the plaintiff went through a white "B" light giving him the right of way easterly along Hoxton Park Road with the defendant turning wrongly on a right red signal or, as on the defendant's version, the defendant turned on a green right signal and the plaintiff went through a red "B" light in the T-way. There was no expert evidence relied on by either party as to liability.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19767f3ded754b052543700e)

Disclaimer: Curated by HT Syndication.