Lawson v Bourke [2008] NSWDC 100

Procedural Posture

Civil Motor Vehicle Accident Compensation Claim / Assessment of Damages After Breach of Duty Admitted; Proceedings Adjourned to Finalise Judgment Sum, Costs and Final Orders

Legal Issues

1. 1 ["Whether the plaintiff's evidence of injury, damage and loss should be believed." "The circumstances of the accident and the plaintiff's immediate post-accident presentation." 'The nature of the injuries and disabilities suffered by the plaintiff as a consequence of the accident.' 'The compensation, if any, to be awarded for non-economic loss, past and future income loss, past and future domestic and attendant care services and past and future medical and other expenses.']

Ratio Decidendi

The plaintiff proved only limited accident-related injury: aggravation of pre-existing neck and back conditions, left shoulder stiffness, soft tissue injuries, and some aggravation of a pre-existing psychological condition, substantially recoverable within 18 months. Because the plaintiff and supporting witnesses lacked credit, the claimed severe ongoing physical and psychiatric disability was not accepted, the TOMM results supported malingering of memory impairment, ongoing loss of earning capacity and future care or medical expenses were not established, and damages were limited accordingly.

Court Disposition

Proceedings adjourned to a date to be fixed to finalise the calculation of the judgment sum, deal with costs and enter final orders; reasons published.

Orders

• ['The proceedings are adjourned to a date to be fixed to finalise the calculation of the judgment sum, deal with issues of costs and to enter final orders.' 'My reasons are published.']