There have been some recent developments in the Small Claims
Division on the issue of credit hire.
Unlike the decision of Pham v Rahman, where the
Assessor accepted tiered rates for the hire of a replacement
vehicle, in Hayes v Batesman the Court did not accept the
tiered rates in the assessment of loss. However, this matter was
decided on the facts following the cross-examination of an employee
from a rental company. Hayes v Batesman left it open for a
the Court to accept tiered rates if the appropriate evidence was
before the Assessor.
Last week a judgment was handed down in the matter of Gary
Ross v State Transit Authority. In this matter, the Assessor
said that the distinction between special and general damages is
now an important one, and assessed this claim as a general damages
claim (as general or special damages was not specified by the
Plaintiff). The Assessor found that in assessing general damages
the Plaintiff needs to prove 'need' for the
