Wilson v CMS Morgen Ltd & anor (No 1) [2008] NSWDC 50

Wilson v CMS Morgen Ltd & anor (No 1) [2008] NSWDC 50

The plaintiff suffered an exacerbation of her pre-existing major depressive disorder as a result of physical injuries sustained when a gyprock panel fell on her, causing ongoing symptoms and reduced earning capacity. Damages are to be assessed for non-economic loss, past and future income loss, domestic care, and out-of-pocket expenses.

Jurisdiction
Australia
Judgment Date
14 March 2008
Procedural Posture
Civil / Post Liability, Assessment of Damages; Adjourned for Argument on Costs and Final Orders
Outcome
Judgment for the plaintiff, matter adjourned for argument on costs and entry of final orders.
Legal Topics
['assessment of Damages' 'pre Existing Medical Condition' 'non Economic Loss' 'income Loss' 'domestic Care' 'out of Pocket Expenses']
['personal Injury'] ['assessment of Damages' 'pre Existing Medical Condition' 'non Economic Loss' 'income Loss' 'domestic Care' 'out of Pocket Expenses']

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Procedural Posture

Civil / Post Liability, Assessment of Damages; Adjourned for Argument on Costs and Final Orders

Legal Issues

  1. 1 ['Whether the injuries and disabilities were sufficiently serious to warrant an award of non-economic loss' "Effect of injuries and disabilities on the plaintiff's past and future income earning capacity" 'Need for domestic assistance due to injuries and disabilities' 'Need for future treatment due to injuries and disabilities']

Ratio Decidendi

The plaintiff suffered an exacerbation of her pre-existing major depressive disorder as a result of physical injuries sustained when a gyprock panel fell on her, causing ongoing symptoms and reduced earning capacity. Damages are to be assessed for non-economic loss, past and future income loss, domestic care, and out-of-pocket expenses.

Court Disposition

Judgment for the plaintiff, matter adjourned for argument on costs and entry of final orders.

Orders

  • ['Verdict in judgment for the plaintiff in the sum of $222,725.60.' 'Matter adjourned to 20 March 2008 for argument on costs and entry of final orders.']