Terry Turner v Australian Associated Motor Insurers Ltd & The Roads and Traffic Authority of NSW No. 2 [2006] NSWSC 1295

Terry Turner v Australian Associated Motor Insurers Ltd & The Roads and Traffic Authority of NSW No. 2 [2006] NSWSC 1295

The plaintiff was awarded damages and costs as the Court found he would have maintained employment but for the accident, and the second defendant's conduct justified a Bullock order for costs. Indemnity costs were awarded following the plaintiff's offer of compromise. The judgment amount is stayed pending appeal by the second defendant.

Jurisdiction
Australia
Judgment Date
28 November 2006
Procedural Posture
Civil / Judgment on Damages and Costs
Outcome
Judgment for the plaintiff
Legal Topics
['damages' 'costs']
['negligence' 'motor Vehicle Accident'] ['damages' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Judgment on Damages and Costs

Legal Issues

  1. 1 ['Assessment of damages for motor vehicle accident' 'Entitlement to indemnity and party-party costs' 'Consideration of Bullock order for costs' 'Assessment of past and future economic loss' 'Assessment of future treatment and equipment costs']

Ratio Decidendi

The plaintiff was awarded damages and costs as the Court found he would have maintained employment but for the accident, and the second defendant's conduct justified a Bullock order for costs. Indemnity costs were awarded following the plaintiff's offer of compromise. The judgment amount is stayed pending appeal by the second defendant.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment entered for the plaintiff in the sum of $1,211,287.87' 'Indemnity costs in favour of the plaintiff' "Second defendant to pay plaintiff's costs on party-party basis until 26 May 2005" "Second defendant to pay plaintiff's costs on an indemnity basis from 27 May 2005" 'Second defendant to pay the costs of...