Pham v Shui [2006] NSWCA 373

Pham v Shui [2006] NSWCA 373

The trial judge erred in finding contributory negligence, and in treating the certificate under s61 of the Motor Accidents Compensation Act 1999 as conclusive for purposes of causation beyond the non-economic loss threshold, thereby wrongly excluding medical reports and oral evidence relevant to economic loss; the appeal is allowed and the matter remitted for reassessment of damages for economic loss without deduction for contributory negligence.

Jurisdiction
Australia
Judgment Date
20 December 2006
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed. Orders of the District Court set aside. Remitted for retrial limited to damages for economic loss without deduction for contributory negligence. Respondent to pay appellant's costs.
Legal Topics
['negligence' 'contributory Negligence' 'motor Accident Compensation' 'effect of Statutory Medical Certificates' 'exclusion of Evidence' 'gratuitous Attendant Care' 'domestic Assistance' 'civil Procedure']
['torts' 'procedure'] ['negligence' 'contributory Negligence' 'motor Accident Compensation' 'effect of Statutory Medical Certificates' 'exclusion of Evidence' 'gratuitous Attendant Care' 'domestic Assistance' 'civil Procedure']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the plaintiff was guilty of contributory negligence' 'Whether statutory certificate under s61 Motor Accidents Compensation Act 1999 is conclusive as to causation for both non-economic and economic loss' 'Whether medical reports and oral evidence were wrongly excluded on the basis of conclusive certificate' 'Whether damages for economic loss were incorrectly assessed by the trial judge']

Ratio Decidendi

The trial judge erred in finding contributory negligence, and in treating the certificate under s61 of the Motor Accidents Compensation Act 1999 as conclusive for purposes of causation beyond the non-economic loss threshold, thereby wrongly excluding medical reports and oral evidence relevant to economic loss; the appeal is allowed and the matter remitted for reassessment of damages for economic loss without deduction for contributory negligence.

Court Disposition

Appeal allowed. Orders of the District Court set aside. Remitted for retrial limited to damages for economic loss without deduction for contributory negligence. Respondent to pay appellant's costs.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed.' 'Orders made by Hungerford ADCJ set aside.' 'Matter referred back to District Court for a re-trial limited to question of damages for economic loss without any deduction for contributory negligence on the part of the appellant.' "Respondent to pay appellant's costs in...