Attard v Aberwood P/L & Anor [2003] NSWSC 984

Attard v Aberwood P/L & Anor [2003] NSWSC 984

Because breach of duty was admitted and contributory negligence was not in issue, the assessment turned on causation and quantum. The Court preferred the evidence of Drs Coffey, Mahoney and Middleton, supported by the treating general practitioners' notes and the plaintiff's evidence, and found that the accident caused previously asymptomatic degenerative changes of the neck and left shoulder to become symptomatic. The plaintiff remained capable of work but was slower and required some assistance, so a global award was appropriate for past and future economic loss rather than the plaintiff's accountant's calculations. The Court awarded damages totalling $151,776.00 and reserved costs.

Jurisdiction
Australia
Judgment Date
03 November 2003
Procedural Posture
Common Law Personal Injury Damages Claim Arising From a Motor Vehicle Accident / Rehearing of an Arbitrator's Award; Assessment of Damages
Outcome
Judgment for the plaintiff in the sum of $151,776.00; costs reserved.
Legal Topics
['negligence' 'assessment of Damages' 'non Economic Loss' 'economic Loss' 'future Earning Capacity' 'future Treatment Expenses' 'aggravation of Pre Existing Degenerative Condition']
['torts' 'motor Accidents' 'personal Injury' 'damages'] ['negligence' 'assessment of Damages' 'non Economic Loss' 'economic Loss' 'future Earning Capacity' 'future Treatment Expenses' 'aggravation of Pre Existing Degenerative Condition']

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Procedural Posture

Common Law Personal Injury Damages Claim Arising From a Motor Vehicle Accident / Rehearing of an Arbitrator's Award; Assessment of Damages

Legal Issues

  1. 1 ['What damages should be awarded for injuries sustained in the motor vehicle accident on 30 June 1998 where breach of duty of care was admitted and contributory negligence was not in issue.' "Whether the plaintiff's ongoing neck, shoulder, back, arm and leg symptoms were caused by the accident or principally by underlying degenerative change." "How to assess past and future economic loss, including the plaintiff's need for assistance and reduced earning capacity, and whether to allow for work beyond age 65." 'What allowances should be made for non-economic loss, out of pocket expenses, superannuation, domestic assistance and future treatment.']

Ratio Decidendi

Because breach of duty was admitted and contributory negligence was not in issue, the assessment turned on causation and quantum. The Court preferred the evidence of Drs Coffey, Mahoney and Middleton, supported by the treating general practitioners' notes and the plaintiff's evidence, and found that the accident caused previously asymptomatic degenerative changes of the neck and left shoulder to become symptomatic. The plaintiff remained capable of work but was slower and required some assistance, so a global award was appropriate for past and future economic loss rather than the plaintiff's accountant's calculations. The Court awarded damages totalling $151,776.00 and reserved costs.

Court Disposition

Judgment for the plaintiff in the sum of $151,776.00; costs reserved.

Orders

  • ['The defendants are to pay to the plaintiff the sum of $151,776.00 for damages.' 'Costs are reserved.']