Scott v Scott [2014] NSWSC 1814

Procedural Posture

Common Law Personal Injury Damages Proceedings Arising From a Motor Vehicle Accident / Principal Judgment on Assessment of Quantum; Liability Not in Dispute

Legal Issues

1. 1 ['What quantum of damages should be awarded to the plaintiff for injuries suffered in the motor vehicle accident.' 'Whether the plaintiff should receive the maximum statutory amount for non-economic loss.' "How past and future loss of earnings should be assessed given the plaintiff's likely pre-injury education and employment prospects." 'What future out of pocket expenses, equipment, care, travel and holiday costs were reasonably necessary.' 'Whether an allowance should be made for sexual services as treatment, management, or loss of enjoyment of life.']

Ratio Decidendi

Because liability was admitted and the plaintiff suffered catastrophic physical, cognitive and behavioural injuries with no residual earning capacity, damages were to be assessed by determining the reasonable heads of loss. The plaintiff was entitled to the maximum non-economic loss award. His likely pre-injury future was to leave school in Year 10, learn a trade, and earn two-thirds of average weekly earnings rather than average weekly earnings. Future expenses and care were allowed only to the extent reasonably necessary on the evidence, including eventual 24-hour personal care from 2020, limited registered nurse oversight, case management, therapies and equipment, but not items such as...

Court Disposition

Judgment for the plaintiff in a sum to be determined.

Orders

• ['Judgment for the plaintiff in a sum to be determined.' 'The parties are to confer and prepare short minutes of order reflective of this judgment.' 'The parties have liberty to approach my Associate after 2 February 2015 to set a date for the hearing of any submissions required with regard to orders giving effect...