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Higher, hire... NSW Local Court looks again at market rate

Azad Cassim v Dylan Nguyen [2018] NSWLC

This decision, which was handed down by Magistrate Farnan on 6 December 2018, confirms the Court’s current position with respect to how the measure of damages for temporary loss of use of a non-income producing chattel is to be determined. The Court ultimately found:
1.
The Plaintiff is entitled to the market rate of hiring a vehicle of equivalent value to their own vehicle for the period during which they have established a need for that replacement.
2.
The fact that a cheaper vehicle could meet the need for a replacement is not relevant to the measure of damages.

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