• Candan Koyuncu

High Court of Australia grants special leave to our clients in the Credit Hire Appeals

We have been at the forefront of credit hire matters in all jurisdictions in Australia. On 12 March 2021 the High Court heard and determined an application we made on behalf of our clients for special leave to appeal, the decisions of the NSW Court of Appeal in Rixon v Arsalan and Cassim v Nguyen.

The applications for special leave concerns the correct method by which damages are to be assessed where a claimant suffers by the negligence of a defendant the temporary loss of use of a non-income producing vehicle during a period in which she or he has a need for the use of that vehicle.

The High Court will be asked to establish a clear approach to awarding damages to assist lower courts in determining the large volume of matters that come before them.

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We were instructed by the appellants in Arsalan v Rixon, Nguyen v Cassim [2021] HCA 40. The decision was handed down on 8 December 2021. The High Court did not allow the appeals, however, the orders o