SoC Legal Skills PDF

Preview

Summary

Statement of Claim Assignment...

Description

Form 3A (version 7) UCPR 6.2

STATEMENT OF CLAIM COURT DETAILS Court

Local Court of NSW

Division

Small Claims Division

Registry

Beachside

Case number TITLE OF PROCEEDINGS First Plaintiff

Mary Jackson

First Defendant

Phillip Smith

FILING DETAILS Filed for Legal representative Legal representative reference Contact name and telephone

Plaintiff Harrison Antonopoulos, Level up Law Pty Ltd

Contact email

[email protected]

Harrison Antonopoulos, 02 9280 1412

TYPE OF CLAIM Torts - Negligence - Motor Vehicle Accident - Driver

RELIEF CLAIMED 1

That the Defendant pay the Plaintiff the total amount claimed below. Amount of claim

$5,150.00

Interest

$0.00

Filing fees

$0.00

Service fees

$0.00

Solicitors fees

$0.00

TOTAL

$5,150.00

PLEADINGS AND PARTICULARS 1

At all material times the plaintiff was the driver and owner of a 2010 Mazda 3, registration number CTP 789

2

At all material times the defendant was the driver of a red Subaru WRX, registration number BTU 123.

3

At approximately 6.00pm on 12 January 2020, the plaintiff was driving in a westerly direction along Georges Road, Beachside on the way home from work at Beachside Primary School. Traffic appeared heavy.

2

4

The plaintiff was stationary at the intersection of Georges Road and High Street at a red light when her car was impacted from the rear and pushed forward.

5

The defendant walked to the plaintiff’s car, asked if she was alright and alleged that the light was green at which point our client disagreed stating it was in fact red.

6

Beachside Towing and Smash Repairs arrived at the incident within minutes and towed both vehicles away.

7

Notwithstanding whether the light was red or green, it is a general driving rule that a driver causing a rear-end collision is liable. Exceptions exist but are not present in the facts.

8

The collision was caused by the defendant’s negligence and lack of attention whilst operating the vehicle. Particulars of negligence a) The defendant failed to pay attention to the road and look out for hazards. b) The defendant failed to stop within a reasonable time. c) The defendant failed to alert or provide any warning to the driver that he was approaching. d) The defendant failed to maintain control of the vehicle.

9

As a result of the defendant's negligence, the plaintiff's car was damaged. Particulars of damage

Remove and Replace a) Remove and replace rear guard $1,000.00 + GST b) Remove and replace tail gate $1,000.00 + GST c) Remove and replace LH Rear Light and indicator $150.00 + GST d) Remove and replace RH Rear Light and indicator $150.00 + GST e) Labour of 16 hours at $75.00 per hour $1,200.00 + GST Repair and Repaint f)

Repair and paint LH Inner guard

g) Repair and paint RH Inner guard h) Match colour re replacement parts i) 10

Labour of 10 hours at $100.00 per hour $1,000.00 + GST The plaintiff has paid the towing fee in the sum of $200.00 and seeks reimbursement.

11

The plaintiff wrote to the defendant on 19 January 2020, providing him a copy of the towing invoice and repair quote demanding payment of both, in the total sum of $5,150.00 within 10 days.

3

12

The defendant failed to pay the amount due to the plaintiff.

13

The plaintiff claims $5,150.00.

SIGNATURE OF LEGAL REPRESENTATIVE This statement of claim does not require a certificate under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014. I certify under clause 4 of Schedule 2 to the Legal Profession Uniform Law Application Act 2014 that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that the claim for damages in these proceedings has reasonable prospects of success. I have advised the plaintiff that court fees may be payable during these proceedings. These fees may include a hearing allocation fee. Signature Capacity Date of signature

Harrison Antonopoulos Solicitor on record 17 March 2020

NOTICE TO DEFENDANT If you do not file a defence within 28 days of being served with this statement of claim: 

You will be in default in these proceedings.



The court may enter judgment against you without any further notice to you.

The judgment may be for the relief claimed in the statement of claim and for the plaintiff’s costs of bringing these proceedings. The court may provide third parties with details of any default judgment entered against you. HOW TO RESPOND Please read this statement of claim very carefully. If you have any trouble understanding it or require assistance on how to respond to the claim you should get legal advice as soon as possible. You can get further information about what you need to do to respond to the claim from: 

A legal practitioner.



LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.



The court registry for limited procedural information.

You can respond in one of the following ways:

4

If you intend to dispute the claim or part of the claim, by filing a defence and/or

1

making a cross-claim. If money is claimed, and you believe you owe the money claimed, by:

2



Paying the plaintiff all of the money and interest claimed. If you file a notice of payment under UCPR 6.17 further proceedings against you will be stayed unless the court otherwise orders.



Filing an acknowledgement of the claim.



Applying to the court for further time to pay the claim.

If money is claimed, and you believe you owe part of the money claimed, by:

3



Paying the plaintiff that part of the money that is claimed.



Filing a defence in relation to the part that you do not believe is owed.

Court forms are available on the UCPR website at www.ucprforms.justice.nsw.gov.au or at any NSW court registry.

REGISTRY ADDRESS Street address Postal address Telephone

FURTHER DETAILS ABOUT PLAINTIFF First plaintiff Name

Mary Jackson

Address

32 Wallis Lane Beachside NSW 2999

Legal representative for plaintiff[s] Name Practising certificate number Firm Address

Harrison Antonopoulos Level Up Law Pty Ltd Beachside Tower Level 4 99 Beachside Road Beachside NSW 2999

DX address

5

Telephone Fax Email Electronic service address

02 9280 1412 02 9280 1214 [email protected] [email protected]

DETAILS ABOUT DEFENDANTS First defendant Name

Phillip Smith

Address

23 Beachside Drive Beachside NSW 2999...