Petrovic v Waterhouse Racing & Anor [2007] NSWSC 740

Petrovic v Waterhouse Racing & Anor [2007] NSWSC 740

Clarification was appropriate to correct and make clear that damages for future care were intended as paid care, and the calculations should follow the methods set in the written submissions; amendment of reasons was not needed, but clarification sufficed.

Parties
Plaintiff: Natalie Petrovic; Plaintiff: Ruzica Petrovic; 1st Defendant: Gai Waterhouse Racing Pty Ltd; 2nd Defendant: Australian Jockey Club
Jurisdiction
Australia
Judgment Date
02 July 2007
Procedural Posture
Damages Claim for Personal Injury / Supplementary Judgment and Final Orders Following Earlier Judgment
Outcome
Judgment for both plaintiffs for damages and costs; stay of execution for 28 days on conditions.
Legal Topics
Personal Injury, Damages, Clarification of Judgment, Amendment of Reasons
Tort Law Personal Injury Damages Clarification of Judgment Amendment of Reasons

Case Brief

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Parties

Natalie Petrovic

Plaintiff

Ruzica Petrovic

Plaintiff

Gai Waterhouse Racing Pty Ltd

1st Defendant

Australian Jockey Club

2nd Defendant

Procedural Posture

Damages Claim for Personal Injury / Supplementary Judgment and Final Orders Following Earlier Judgment

Legal Issues

  1. 1 Calculation of damages for past gratuitous assistance and future paid care
  2. 2 Clarification of reasons in previous judgment concerning damages
  3. 3 Appropriateness of amending reasons for judgment

Ratio Decidendi

Clarification was appropriate to correct and make clear that damages for future care were intended as paid care, and the calculations should follow the methods set in the written submissions; amendment of reasons was not needed, but clarification sufficed.

Court Disposition

Judgment for both plaintiffs for damages and costs; stay of execution for 28 days on conditions.

Orders

  • Verdict and judgment for Natalie Petrovic for $1,545,683.
  • Verdict and judgment for Ruzica Petrovic for $797,151.