Dickson v Chaffey & Anor (No 4) [2012] NSWSC 1277

Dickson v Chaffey & Anor (No 4) [2012] NSWSC 1277

The plaintiff's general damages, economic loss, out of pocket expenses, and care costs were assessed on the medical and lay evidence, with quantum unrestricted by the Civil Liability Act provisions due to the intentional nature of the assault; judgment entered ex parte for the total calculated amount against the First Defendant.

Jurisdiction
Australia
Judgment Date
23 October 2012
Procedural Posture
Personal Injury / Assessment of Quantum, Ex Parte Hearing, Post Judgment Orders
Outcome
Judgment for the Plaintiff against the First Defendant in the sum of $1,830,701.70.
Legal Topics
['intentional Assault' 'quantum Assessment' 'damages' 'personal Injury']
['tort Law'] ['intentional Assault' 'quantum Assessment' 'damages' 'personal Injury']

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Procedural Posture

Personal Injury / Assessment of Quantum, Ex Parte Hearing, Post Judgment Orders

Legal Issues

  1. 1 ['Assessment of damages for intentional assault' 'Application of Civil Liability Act 2002 to intentional acts' 'Quantification of economic and non-economic loss']

Ratio Decidendi

The plaintiff's general damages, economic loss, out of pocket expenses, and care costs were assessed on the medical and lay evidence, with quantum unrestricted by the Civil Liability Act provisions due to the intentional nature of the assault; judgment entered ex parte for the total calculated amount against the First Defendant.

Court Disposition

Judgment for the Plaintiff against the First Defendant in the sum of $1,830,701.70.

Orders

  • ['Any amount paid pursuant to the judgment be paid to the New South Wales Trustee and Guardian to hold on behalf of the Plaintiff.' "The First Defendant to pay the Plaintiff's costs of the proceedings." "Liberty to apply in respect of Medicare/Social Security pay-back matters on three days' notice."]