Miller v Hawkins [1999] NSWSC 1163

Procedural Posture

Claim for Damages for Personal Injuries Arising Out of a Motor Vehicle Accident / Assessment of Damages; Breach of Duty of Care Admitted by the Defendant

Legal Issues

1. 1 ['Whether the plaintiff qualified for damages pursuant to the Motor Accidents Act 1988 after the defendant admitted breach of duty of care.' 'The proper assessment of non-economic loss under s 79A of the Motor Accidents Act 1988.' 'Whether claimed out-of-pocket expenses and future medical treatment expenses were reasonable.' 'The proper assessment of past and future economic loss given uncertainty about future employment, surgery and capacity for work.']

Ratio Decidendi

Because the defendant admitted breach and the evidence established accident-related injuries, the Court assessed damages. The plaintiff's knee injuries and ongoing pain justified substantial awards for non-economic loss, medical expenses and future treatment. The plaintiff acted reasonably in following medical advice, so her agreed out-of-pocket expenses were allowed in full. Future economic loss was assessed globally because retrenchment prospects, surgery, reduced earning capacity and possible early or part-time retirement created significant uncertainty.

Court Disposition

Damages assessed at $550,856.57; orders for judgment and costs deferred.

Orders

• ['Orders for judgment deferred until after delivery of reasons so the parties could check the mathematics involved in the assessment.' 'Any order for costs deferred.']