Perkins v Commonwealth Bank of Australia Ltd & Ors [2003] NSWSC 761

Perkins v Commonwealth Bank of Australia Ltd & Ors [2003] NSWSC 761

The plaintiff's extensive medical travel to Sydney was not shown to be reasonably necessary given the availability of equivalent services closer to home, but the evidence did not permit a precise calculation, so 50% of the travel expenses claimed was allowed. The kitchen appliance claim was already covered by the earlier ruling on future out of pocket expenses and lacked evidence quantifying the additional cost of disability-adapted appliances over ordinary appliances. Adecco failed in its contractual claim against Commercial Union and therefore had to pay Commercial Union's costs, but the Bank had to pay Adecco's costs of defending the unsuccessful negligence allegation, including...

Jurisdiction
Australia
Judgment Date
19 August 2003
Procedural Posture
Supplementary Judgment / Determination of Reserved Out of Pocket Expenses and Costs of the Second Cross Claim After Earlier Judgment
Outcome
Plaintiff allowed 50% of travel expenses claimed; kitchen appliance claim not further allowed; Adecco to pay Commercial Union's costs of the second cross-claim; Bank to pay Adecco's costs of defending the negligence claim including related second cross-claim costs so far as incurred in relation to the tort claim;...
Legal Topics
['out of Pocket Expenses' 'medical Travel Expenses' 'home Modification Equipment' 'workers Compensation Insurance Indemnity' 'cross Claim Costs' 'mitigation of Loss']
['personal Injury' 'workers Compensation' 'insurance' 'costs'] ['out of Pocket Expenses' 'medical Travel Expenses' 'home Modification Equipment' 'workers Compensation Insurance Indemnity' 'cross Claim Costs' 'mitigation of Loss']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Supplementary Judgment / Determination of Reserved Out of Pocket Expenses and Costs of the Second Cross Claim After Earlier Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's travel expenses for medical appointments and consultations were reasonable and recoverable from the Bank and ultimately Adecco." 'Whether the plaintiff was entitled to recover the cost of kitchen appliances said to assist with her hand disability.' 'Whether Adecco should recover costs from Commercial Union despite failing in its second cross-claim.' "Whether Adecco should recover from the Bank its costs of defending the Bank's unsuccessful negligence allegation, including costs incurred in seeking to pass that claim on to Commercial Union."]

Ratio Decidendi

The plaintiff's extensive medical travel to Sydney was not shown to be reasonably necessary given the availability of equivalent services closer to home, but the evidence did not permit a precise calculation, so 50% of the travel expenses claimed was allowed. The kitchen appliance claim was already covered by the earlier ruling on future out of pocket expenses and lacked evidence quantifying the additional cost of disability-adapted appliances over ordinary appliances. Adecco failed in its contractual claim against Commercial Union and therefore had to pay Commercial Union's costs, but the Bank had to pay Adecco's costs of defending the unsuccessful negligence allegation, including...

Court Disposition

Plaintiff allowed 50% of travel expenses claimed; kitchen appliance claim not further allowed; Adecco to pay Commercial Union's costs of the second cross-claim; Bank to pay Adecco's costs of defending the negligence claim including related second cross-claim costs so far as incurred in relation to the tort claim;...

Orders

  • ['The plaintiff is allowed 50% of the travel expenses claimed.' 'The claim for kitchen appliances is covered by the previous decision on future out of pocket expenses and is not separately allowed on the evidence.' "Adecco is to pay Commercial Union's costs of the second cross-claim." "The Bank is to pay Adecco's...