JONES v MULLIGAN [2000] NSWSC 476

JONES v MULLIGAN [2000] NSWSC 476

Court accepted plaintiff's evidence and treating medical practitioners' opinions that plaintiff suffers permanent pain and disability causally linked to the collision; awarded damages based on severity, prognosis, economic and non-economic loss, including domestic assistance and superannuation loss, with discounts for vicissitudes and possible improvement.

Jurisdiction
Australia
Judgment Date
26 May 2000
Procedural Posture
Common Law Damages Claim / Final Judgment
Outcome
Verdict and judgment for the plaintiff.
Legal Topics
['motor Vehicle Accident' 'personal Injury' 'assessment of Damages']
['tort Law'] ['motor Vehicle Accident' 'personal Injury' 'assessment of Damages']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Common Law Damages Claim / Final Judgment

Legal Issues

  1. 1 ['Assessment of personal injury damages under NSW law for accident in Tasmania' 'Extent and causation of ongoing disability and pain' 'Calculation of non-economic and economic losses']

Ratio Decidendi

Court accepted plaintiff's evidence and treating medical practitioners' opinions that plaintiff suffers permanent pain and disability causally linked to the collision; awarded damages based on severity, prognosis, economic and non-economic loss, including domestic assistance and superannuation loss, with discounts for vicissitudes and possible improvement.

Court Disposition

Verdict and judgment for the plaintiff.

Orders

  • ['Judgment for plaintiff in the sum of $448,842.37' "Defendant to pay plaintiff's costs in an amount to be agreed or assessed"]