Bao v Haynes & Anor [2023] NSWDC 364

Bao v Haynes & Anor [2023] NSWDC 364

The court found the plaintiff suffered impairments to her earning capacity and ongoing medical needs as a result of the two admitted accidents, but her evidence was not wholly reliable; damages were awarded only for proven impairment and expenses attributable to the accidents, with substantial discounts for pre-existing conditions, uncertainties, and imponderables. Full economic loss and domestic care claims were rejected; a monetary cushion for future assistance was allowed in the absence of precise evidence. No failure to mitigate damages was proven by the defendants.

Parties
Plaintiff: Jennifer Bao; First Defendant: Cullen Haynes; Second Defendant: Kevin Khalil
Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Personal Injury Damages Proceedings / Principal Judgment After Hearing
Outcome
Plaintiff succeeds in part; damages awarded
Legal Topics
Damages Assessment, Causation, Mitigation of Damages, Economic Loss, Domestic Care, Future Medical Expenses
Torts Motor Vehicle Accidents Damages Assessment Causation Mitigation of Damages Economic Loss Domestic Care Future Medical Expenses

Case Brief

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Parties

Jennifer Bao

Plaintiff

Cullen Haynes

First Defendant

Kevin Khalil

Second Defendant

Procedural Posture

Personal Injury Damages Proceedings / Principal Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff's injuries and subsequent loss of earning capacity were caused by the two motor vehicle accidents
  2. 2 Whether the need for lumbar disc replacement was causally connected to the accidents
  3. 3 Assessment of the quantum of damages for economic loss, domestic assistance, and medical expenses

Ratio Decidendi

The court found the plaintiff suffered impairments to her earning capacity and ongoing medical needs as a result of the two admitted accidents, but her evidence was not wholly reliable; damages were awarded only for proven impairment and expenses attributable to the accidents, with substantial discounts for pre-existing conditions, uncertainties, and imponderables. Full economic loss and domestic care claims were rejected; a monetary cushion for future assistance was allowed in the absence of precise evidence. No failure to mitigate damages was proven by the defendants.

Court Disposition

Plaintiff succeeds in part; damages awarded

Orders

  • Verdict for the plaintiff in the sum of $576,272;
  • Judgment for the plaintiff in the sum of $575,187;