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Mr Rixon filed a proceeding in the Local Court of NSW and gave evidence that he needed a replacement car to travel to work, to drop off and collect his child from school and for other general errands. The repairs to Mr Rixon’s car took approximately 8 weeks, during which Mr Rixon hired a replacement car of the same make and model at a cost of $12,829.91. Mr Rixon owned an Audi A3 which was damaged in a collision with a car driven negligently by Mr Arsalan. The two proceedings were heard together in the Supreme Court of NSW and the Court of Appeal, before also being considered together by the High Court. The owners sought recovery of costs incurred in hiring replacement vehicles. The facts concern two unrelated proceedings brought by owners of prestige vehicles which were damaged due to the negligence of other drivers. While the facts of the case involved negligent driving, the principles set out by the High Court are likely to have wider application and extend to claims for damages for ‘loss of use’ of other chattels following negligent damage. The decision also clarifies how and when such damages will be recoverable. The High Court of Australia’s recent decision in Arsalan v Rixon and Nguyen v Cassim HCA 40 confirms that the cost of a replacement hire vehicle can be recovered as damages where damage has been caused by the negligence of another person. The issue is particularly important in claims for damages involving replacement car hire when a person’s car is damaged by the negligence of a third party. We also know that depreciation rates are very low – better than a car – if you should want to sell your Tramper later on.Damages for ‘loss of use’ of a chattel has for many years been an unsettled area of the law, pleaded inconsistently by plaintiffs and, at times, miscategorised by the Courts resulting in conflicting judgments. (Hire fleet Trampers are limited to 4mph) They are all listed on this website. If you want to try one there are over 100 on sites all around the country including the National Trust where you can hire one, or the Countryside Mobility South West with 40.
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And there will not be any hard sell, we don’t believe in that. Call us on 01794 884766 and we’ll bring a Tramper to you. Take a test drive and find out for yourself. We pride ourselves on reliability and comfort, with suspension that will soak up bumps.
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Our customers tell us they have widened their horizons and given them back their independence, so walks with the grandchildren in the forest are a possibility again. There are over 2000 built now, each one hand-built with extras according to the owners needs and their disability.
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It will take you where you want to go and with no emissions! Designed and built in the UK.īeamer Limited have been building Trampers, 4 and 3 wheelers, for over 20 years and the amazing thing is the original 5 are still out there, taking their owners over hill and dale, or just to the shops. We’re the home of the Tramper all-terrain mobility scooter.