Licciardo v Hudson (No 1) [2009] NSWDC 289

Licciardo v Hudson (No 1) [2009] NSWDC 289

Given the significance of the question of causal connection between injuries and subsequent alcoholism and probable brain damage, as well as its bearing on whole person impairment and claim for non-economic loss, the issue should be remitted to the Motor Accidents Authority for MAS Assessor's further consideration and assessment before concluding the proceedings.

Jurisdiction
Australia
Judgment Date
06 November 2009
Procedural Posture
Civil / Interim Orders After Final Submissions, Further Assessment Required Before Conclusion
Outcome
Interim remittal; proceedings adjourned for MAS assessment.
Legal Topics
['motor Vehicle Collision' 'damages' 'medical Assessment' 'whole Person Impairment' 'causal Connection' 'alcoholism' 'brain Damage' 'practice and Procedure']
['torts' 'personal Injury'] ['motor Vehicle Collision' 'damages' 'medical Assessment' 'whole Person Impairment' 'causal Connection' 'alcoholism' 'brain Damage' 'practice and Procedure']

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Procedural Posture

Civil / Interim Orders After Final Submissions, Further Assessment Required Before Conclusion

Legal Issues

  1. 1 ["Whether a causal connection exists between injuries from motor vehicle collision and plaintiff's increased alcohol use, chronic alcoholism, and probable resultant brain damage" "Whether the plaintiff's whole person impairment should be reconsidered by MAS Assessor for entitlement to damages for non-economic loss"]

Ratio Decidendi

Given the significance of the question of causal connection between injuries and subsequent alcoholism and probable brain damage, as well as its bearing on whole person impairment and claim for non-economic loss, the issue should be remitted to the Motor Accidents Authority for MAS Assessor's further consideration and assessment before concluding the proceedings.

Court Disposition

Interim remittal; proceedings adjourned for MAS assessment.

Orders

  • ["Remit damages issue of causal connection between injuries, alcohol use, chronic alcoholism and probable brain damage to Motor Accidents Authority for MAS Assessor's consideration under ss 60(1) and 62(1)(b) of Motor Accidents Compensation Act 1999 before further hearing and final judgment." 'Directions hearing...