Droga v Cannon [2015] NSWSC 1910

The NSW Supreme Court has recently determined an appeal from the Local Court regarding a motor vehicle demurrage claim. The decision focuses on the requirement for a plaintiff claiming damages to establish that he/she had a need for a temporary replacement vehicle. In some additional comments, Justice Harrison questioned the previously accepted wisdom that a plaintiff is entitled to a replacement vehicle of equivalent make, model and age. The decision provides insurers defending motor vehicle demurrage claims with further ‘ammunition’ to call into question excessive amounts sought to be recovered by plaintiffs for temporary replacement vehicles.