Lawson v Hubbard [2020] NSWDC 605

Lawson v Hubbard [2020] NSWDC 605

Because default judgment had been entered and the plaintiff's unchallenged evidence established severe permanent physical, cosmetic, psychological and economic consequences from the burn injuries, damages were assessed at $682,000 comprising non-economic loss, past economic loss, past superannuation loss, future economic loss including superannuation, and future treatment expenses.

Jurisdiction
Australia
Judgment Date
13 October 2020
Procedural Posture
Civil Negligence Personal Injury Claim / Assessment of Damages After Default Judgment
Outcome
Verdict and judgment for the plaintiff in the amount of $682,000.
Legal Topics
['negligence' "occupier's Liability" 'personal Injury' 'burn Injuries' 'non Economic Loss' 'economic Loss' 'future Treatment Expenses']
['torts' 'damages'] ['negligence' "occupier's Liability" 'personal Injury' 'burn Injuries' 'non Economic Loss' 'economic Loss' 'future Treatment Expenses']

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Procedural Posture

Civil Negligence Personal Injury Claim / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 ['Assessment of damages for personal injuries sustained when the defendant poured accelerant onto a homemade outdoor fire pit causing an explosion and burns to the plaintiff.' 'Assessment of non-economic loss under s 16 of the Civil Liability Act 2002 (NSW).' 'Assessment of past economic loss, past loss of superannuation, future economic loss including superannuation, and future treatment expenses.']

Ratio Decidendi

Because default judgment had been entered and the plaintiff's unchallenged evidence established severe permanent physical, cosmetic, psychological and economic consequences from the burn injuries, damages were assessed at $682,000 comprising non-economic loss, past economic loss, past superannuation loss, future economic loss including superannuation, and future treatment expenses.

Court Disposition

Verdict and judgment for the plaintiff in the amount of $682,000.

Orders

  • ['Verdict and judgment for the plaintiff in the amount of $682,000;' "The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;" 'The exhibits may be returned;' "Liberty to apply on 7 days' notice if further or other orders are required."]