Suzana Gusavac v Quang Phuc Ngo [2018] NSWDC 2

Suzana Gusavac v Quang Phuc Ngo [2018] NSWDC 2

The plaintiff suffered relatively minor soft tissue injuries in a low-speed motor accident and returned to work shortly after the accident. The Court accepted Dr Keller's opinion that she did not require ongoing medical treatment other than non-prescription paracetamol, found her work capacity unchanged or unlikely to produce loss, and found no accident-created need for attendant care services. Damages were therefore limited to agreed past treatment expenses, a modest allowance for future paracetamol, and agreed past economic loss.

Jurisdiction
Australia
Judgment Date
18 January 2018
Procedural Posture
Civil Tort Motor Accident Personal Injury Damages Claim / Re Hearing De Novo Following the Plaintiff's Non Acceptance of an Award at CARS
Outcome
Judgment for the plaintiff in the sum of $5,457.02, with the defendant's insurer to have credit in the amount of $1,572.47; costs reserved.
Legal Topics
['assessment of Damages' 'past Treatment Expenses' 'future Treatment Expenses' 'past Economic Loss' 'future Economic Loss' 'future Domestic Assistance' 'attendant Care Services']
['tort' 'motor Accidents' 'personal Injury' 'damages'] ['assessment of Damages' 'past Treatment Expenses' 'future Treatment Expenses' 'past Economic Loss' 'future Economic Loss' 'future Domestic Assistance' 'attendant Care Services']

Case Brief

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Procedural Posture

Civil Tort Motor Accident Personal Injury Damages Claim / Re Hearing De Novo Following the Plaintiff's Non Acceptance of an Award at CARS

Legal Issues

  1. 1 ['Whether the plaintiff should recover future treatment expenses for ongoing symptoms after the motor vehicle accident.' 'Whether the plaintiff should receive a buffer for future economic loss.' 'Whether the plaintiff established a need for future domestic assistance caused by the accident, and whether any such assistance should be assessed on a commercial or gratuitous basis.']

Ratio Decidendi

The plaintiff suffered relatively minor soft tissue injuries in a low-speed motor accident and returned to work shortly after the accident. The Court accepted Dr Keller's opinion that she did not require ongoing medical treatment other than non-prescription paracetamol, found her work capacity unchanged or unlikely to produce loss, and found no accident-created need for attendant care services. Damages were therefore limited to agreed past treatment expenses, a modest allowance for future paracetamol, and agreed past economic loss.

Court Disposition

Judgment for the plaintiff in the sum of $5,457.02, with the defendant's insurer to have credit in the amount of $1,572.47; costs reserved.

Orders

  • ["Judgment for the plaintiff in the sum of $5,457.02, of which the defendant's insurer is to have credit in the amount of $1,572.47." 'The question of the costs of the proceedings is reserved.' "The parties have liberty to apply on 28 days' notice in respect of the question of costs." 'Any party making an...