Major v Sutherland Shire Council [2014] NSWDC 129

Major v Sutherland Shire Council [2014] NSWDC 129

Given the extent and persistence of the plaintiff's symptoms, the impact on his enjoyment of life, work limitations, and prognosis, an award for non-economic loss at 30% of a most extreme case and buffer sums for future economic loss and attendant care are appropriate.

Parties
Plaintiff: Bradley Major; Defendant: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
09 July 2014
Procedural Posture
Tort Claim (negligence) / Final Judgment After Hearing on Damages
Outcome
Judgment for plaintiff against the defendant.
Legal Topics
Council Liability, Damages Assessment, Non Economic Loss, Loss of Earning Capacity, Future Economic Loss, Attendant Care, Civil Liability Act 2002 (nsw) Application
Torts Negligence Council Liability Damages Assessment Non Economic Loss Loss of Earning Capacity Future Economic Loss Attendant Care +1 more

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Parties

Bradley Major

Plaintiff

Sutherland Shire Council

Defendant

Procedural Posture

Tort Claim (negligence) / Final Judgment After Hearing on Damages

Legal Issues

  1. 1 Appropriate assessment for non-economic loss under Civil Liability Act 2002 (NSW) s 16
  2. 2 Assessment of future loss in earning capacity for self-employed plaintiff
  3. 3 Appropriate buffer award for future economic loss

Ratio Decidendi

Given the extent and persistence of the plaintiff's symptoms, the impact on his enjoyment of life, work limitations, and prognosis, an award for non-economic loss at 30% of a most extreme case and buffer sums for future economic loss and attendant care are appropriate.

Court Disposition

Judgment for plaintiff against the defendant.

Orders

  • Verdict and judgment for plaintiff against the defendant in the sum of $278,392.
  • Defendant to pay the plaintiff's costs.