Polo v The Nominal Defendant [2019] NSWDC 53

Procedural Posture

Civil Tort Negligence Claim for Damages Under the Motor Accidents Compensation Act 1999 (nsw) Arising From a Motor Vehicle Accident / Principal Judgment After Hearing; Liability Admitted and Damages Assessed

Legal Issues

1. 1 ['What injuries and ongoing restrictions were caused by the motor vehicle accident.' 'Whether the plaintiff established causation for continuing lower back, neck and right shoulder complaints.' 'What damages were recoverable for past and future out-of-pocket expenses, past economic loss, future loss of earning capacity and future commercial care.' 'Whether a buffer should be awarded for future loss of earning capacity.' 'Whether the plaintiff established a need for future commercial domestic assistance.']

Ratio Decidendi

Because liability was admitted, the court assessed damages. The plaintiff proved that the accident caused continuing soft tissue injuries and restrictions in her lower back and neck and lesser ongoing restrictions in her right shoulder. Although aspects of her evidence were treated with caution and she had understated some work activities, the medical and lay evidence established compensable loss. Her future earning capacity was reduced but not capable of precise calculation, warranting a $50,000 buffer. A need for future commercial care was established only to the extent of one hour per week, not the 2.5 hours claimed. Judgment was therefore entered for the plaintiff for $100,320.18 plus...

Court Disposition

Judgment for the plaintiff in the sum of $100,320.18, with costs payable by the defendant as agreed or assessed.

Orders

• ['Judgment for the plaintiff.' 'The defendant is to pay the plaintiff the sum of $100,320.18.' "The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed." 'Liberty to the parties to approach the court if a different costs order is sought to that set out in (3) as above.' 'Exhibits to be...