Local Court of New South Wales

PRE TRIAL REVIEW SHEET

Plaintiff:Marley LeeFile Number: SC2010/016

Defendant:Lara Garcia

PLAINTIFF’S SUMMARY OF CASE:

(This section to be completed by or on behalf of plaintiff)

On Friday 20 November 2009 at around 6:30pm I was driving down Church Street Parramatta NSW 2150, heading toward Macquarie Street. While I was waiting for a car about 50 metres in front of me to pull out of a car parking space the defendant hit the back of my car.
The damage has been assessed at $2200.00. I also incurred the following costs/loss; Car hire $575.00 and Broken crystal sculpture $300.00. The total amount owed by the defendant is $3075.00.

Documentary evidence intended to be relied upon at hearing:

Name of Witnesses:Other Material

1. Marley Lee1. Repair quote dated 24 November 2009

2. Laurie Davis2. Receipts for car hire 23 November – 27

November 2009

3.3.Receipts - crystal sculpture

4.4. Photograph - crystal sculpture

5. Sketch of accident scene

Has the plaintiff made offers of settlement, attempted mediation or otherwise attempted to resolve the issues in dispute? Yes/No

DEFENDANT’S SUMMARY OF CASE:

(This section to be completed by or on behalf of defendant)

The defendant doesn’t admit fault for the accident and damage to the plaintiff’s vehicle. The plaintiff reversed into the defendant's car and didn’t take proper care. The Plaintiff also failed to properly secure their property inside their car.

Documentary evidence intended to be relied upon at hearing:

Name of Witnesses:Other Material

1.Lara Garcia1. Repair quote x 1

2.Cyril Cohen2. Sketch of location of accident

3. John Demir3.

4.4.

Issues in dispute: Fault

Motor vehicle claims:

Ownership / /Agency / / /Loss of Use

(Circle relevant issues)

Other claims:

Has the defendant made offers of settlement, attempted mediation or otherwise attempted to resolve the issues in dispute? Yes/No

Case Management Order:

1. Unless the Magistrate, Assessor, or Registrar made a direction permitting oral evidence to be given at the hearing, the proceedings will be determined on the basis of the written statements and other documentary material that is filed at the Local Court registry and exchanged between the parties no later than the date referred to above (being no later than 14 days before the hearing). The Court may allow any documents produced under subpoena issued with the leave of the Court or produced under a Notice to Produce to be admitted as evidence.
2. If a party fails to exchange statements and other documentary material at least 14 days before the hearing then the Court may refuse to allow the party to rely on that evidence at the hearing.
3. The hearing will be conducted with as little formality as possible. The rules of evidence do not apply at the hearing.
4. Each party will have the opportunity to attend and make comments and present arguments and provide final submissions on the evidence.
5. If a party fails to attend the hearing the Court may strike out the statement of claim or defence.

Magistrate/Assessor/Registrar

(Date)

Sample only. This is not legal advice.