Hunt v State of New South Wales; Shipton v State of New South Wales (No 2) [2005] NSWSC 1150

Hunt v State of New South Wales; Shipton v State of New South Wales (No 2) [2005] NSWSC 1150

The plaintiffs' injuries, though arising from use of motor vehicles, were not caused by 'accident' as required by s70 of the Motor Accidents Act 1988. The injuries were expected consequences of their employment duties; thus, Part 6 of the Act did not apply and damages were to be assessed at common law.

Parties
Plaintiff: Paul John Hunt; Plaintiff: Brett Leslie Shipton; Defendant: State of New South Wales
Jurisdiction
Australia
Judgment Date
11 November 2005
Procedural Posture
Civil / Assessment of Damages After Liability Judgment
Outcome
Damages to be assessed according to common law principles; necessary factual findings made to enable calculations; parties directed to make calculations and bring in minutes of order.
Legal Topics
Quantification of Damages, Negligence, Employer Liability, Application of Motor Accidents Act 1988, Compulsory Third Party Insurance, Economic Loss, General Damages, Past and Future Medical Expenses, Voluntary Assistance, Future Commercial Assistance, Superannuation, Holiday Loading
Torts Personal Injury Employment Law Quantification of Damages Negligence Employer Liability Application of Motor Accidents Act 1988 Compulsory Third Party Insurance +7 more

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Parties

Paul John Hunt

Plaintiff

Brett Leslie Shipton

Plaintiff

State of New South Wales

Defendant

Procedural Posture

Civil / Assessment of Damages After Liability Judgment

Legal Issues

  1. 1 Whether the quantification of damages for the plaintiffs' injuries should be determined under the Motor Accidents Act 1988 or common law principles
  2. 2 Whether the injuries suffered were caused by 'accident' under the meaning of the Act
  3. 3 The application of statutory limitations on the calculation of damages

Ratio Decidendi

The plaintiffs' injuries, though arising from use of motor vehicles, were not caused by 'accident' as required by s70 of the Motor Accidents Act 1988. The injuries were expected consequences of their employment duties; thus, Part 6 of the Act did not apply and damages were to be assessed at common law.

Court Disposition

Damages to be assessed according to common law principles; necessary factual findings made to enable calculations; parties directed to make calculations and bring in minutes of order.

Orders

  • Damages to be calculated in accordance with findings; parties to perform necessary calculations regarding quantum of damages.
  • Interest allowed on relevant sums (general damages, voluntary assistance, economic loss, etc.).