AB v Keanes [2019] NSWDC 693

AB v Keanes [2019] NSWDC 693

Because liability and causation were not disputed, damages were assessed on the injuries proved. The plaintiff proved fractures to the right femur, left wrist and right foot, scarring, and an adjustment disorder with anxiety and depressive features, with continuing but non-degenerative symptoms in the left wrist and right hip for an uncertain period. The evidence supported future psychological treatment and a modest allowance for other future expenses, and established a small risk that the psychiatric and physical consequences would reduce future earning capacity for a closed period warranting a $50,000 buffer. The plaintiff did not prove the statutory threshold for past attendant care or...

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Civil Claim for Damages Under the Motor Accidents Compensation Act 1999 (nsw) for Personal Injuries From a Motor Vehicle Accident / Principal Judgment After Hearing; Liability Admitted and Damages Assessed
Outcome
Judgment for the plaintiff in the sum of $77,768.31, with costs payable by the defendant as agreed or assessed.
Legal Topics
['assessment of Damages' 'child Pillion Passenger' 'future Earning Capacity' 'past and Future Out of Pocket Expenses' 'gratuitous Attendant Care Services' 'future Commercial Domestic Assistance' 'cost of Funds Management' 'non Economic Loss Threshold']
['torts' 'negligence' 'motor Vehicle Accidents' 'personal Injury Damages'] ['assessment of Damages' 'child Pillion Passenger' 'future Earning Capacity' 'past and Future Out of Pocket Expenses' 'gratuitous Attendant Care Services' 'future Commercial Domestic Assistance' 'cost of Funds Management' 'non Economic Loss Threshold']

Case Brief

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Procedural Posture

Civil Claim for Damages Under the Motor Accidents Compensation Act 1999 (nsw) for Personal Injuries From a Motor Vehicle Accident / Principal Judgment After Hearing; Liability Admitted and Damages Assessed

Legal Issues

  1. 1 ['The nature and extent of the injuries sustained by the plaintiff in the motor vehicle accident.' "The quantum of the plaintiff's past out-of-pocket expenses." "The quantum of the plaintiff's future out-of-pocket expenses and treatment expenses." 'Whether the plaintiff established a loss of future earning capacity.' 'Whether past accident-related gratuitous attendant care services exceeded the threshold in s 141B of the Motor Accidents Compensation Act 1999 (NSW).' 'Whether the plaintiff established a need for future domestic assistance likely to be provided commercially.' 'Whether costs of funds management should be awarded because the plaintiff is a minor.']

Ratio Decidendi

Because liability and causation were not disputed, damages were assessed on the injuries proved. The plaintiff proved fractures to the right femur, left wrist and right foot, scarring, and an adjustment disorder with anxiety and depressive features, with continuing but non-degenerative symptoms in the left wrist and right hip for an uncertain period. The evidence supported future psychological treatment and a modest allowance for other future expenses, and established a small risk that the psychiatric and physical consequences would reduce future earning capacity for a closed period warranting a $50,000 buffer. The plaintiff did not prove the statutory threshold for past attendant care or...

Court Disposition

Judgment for the plaintiff in the sum of $77,768.31, with costs payable by the defendant as agreed or assessed.

Orders

  • ['Judgment for the plaintiff in the sum of $77,768.31.' "The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed." 'Liberty to the parties to apply within 14 days to vary the order in (2) above or to correct any mathematical errors in my calculations.' 'Exhibits to be returned in 28...