Mato v Zarkas [2005] NSWSC 800

Mato v Zarkas [2005] NSWSC 800

Because liability was admitted and the plaintiff's T7 paraplegia destroyed his earning capacity and created substantial treatment, equipment, care, modification and mobility needs, the plaintiff was entitled to damages assessed under each head. The court accepted a life expectancy of 87.5% of life table expectancy, applied s128 to exclude services that would have been provided in ordinary family life, allowed an additional percentage for the real chance the plaintiff's marriage might fail, rejected or reduced claims not shown to be reasonable accident-caused needs, and entered judgment for the assessed damages net of credits already paid.

Jurisdiction
Australia
Judgment Date
15 August 2005
Procedural Posture
Motor Accident Personal Injury Damages Claim / Liability Admitted; Assessment of Damages
Outcome
Verdict for the plaintiff; judgment in favour of the plaintiff in the sum of $2,103,971.90.
Legal Topics
['assessment of Damages' 'paraplegia' 'life Expectancy' 'attendant Care Services' 'domestic Assistance' 'economic Loss' 'future Medical Expenses' 'home Modifications' 'hydrotherapy Pool']
['tort Law' 'motor Accidents' 'personal Injury Damages'] ['assessment of Damages' 'paraplegia' 'life Expectancy' 'attendant Care Services' 'domestic Assistance' 'economic Loss' 'future Medical Expenses' 'home Modifications' 'hydrotherapy Pool']

Case Brief

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Procedural Posture

Motor Accident Personal Injury Damages Claim / Liability Admitted; Assessment of Damages

Legal Issues

  1. 1 ['What damages should be awarded for a plaintiff rendered paraplegic in a motor accident where liability was admitted.' "What reduction should be made to the plaintiff's life expectancy because of paraplegia." "How s128 of the Motor Accident Compensation Act 1999 applies to gratuitous domestic assistance provided by the plaintiff's mother and wife." "What allowance should be made for the chance that the plaintiff's marriage may not last and that paid care may be required." 'Whether claimed future medical, equipment, home modification, hydrotherapy pool, economic loss and superannuation amounts were reasonable and caused by the accident.']

Ratio Decidendi

Because liability was admitted and the plaintiff's T7 paraplegia destroyed his earning capacity and created substantial treatment, equipment, care, modification and mobility needs, the plaintiff was entitled to damages assessed under each head. The court accepted a life expectancy of 87.5% of life table expectancy, applied s128 to exclude services that would have been provided in ordinary family life, allowed an additional percentage for the real chance the plaintiff's marriage might fail, rejected or reduced claims not shown to be reasonable accident-caused needs, and entered judgment for the assessed damages net of credits already paid.

Court Disposition

Verdict for the plaintiff; judgment in favour of the plaintiff in the sum of $2,103,971.90.

Orders

  • ['Judgment in favour of the plaintiff in the sum of $2,103,971.90.' "The defendant to pay the plaintiff's costs of the proceedings." "Liberty is granted to the parties to approach the Court on 2 days' notice if any special costs order is sought and if any mathematical error in the judgment has been identified."]