Tu Tran v Dos Santos (No 2) [2009] NSWSC 336

Tu Tran v Dos Santos (No 2) [2009] NSWSC 336

The plaintiff is entitled to damages for injuries sustained in a motor accident, assessed at $3,802,335.77, but reduced by 60% for contributory negligence, yielding $1,520,934, less specified deductions. No interest is payable on past economic loss because the statutory requirements were not satisfied. Indemnity...

Source-derived case information.

Parties
Plaintiff: Tu Tran; Defendant: Maria Dos Santos
Jurisdiction
Australia
Judgment Date
01 May 2009
Procedural Posture
Personal Injury (motor Accident) Claim / Assessment of Damages Following Principal Judgment
Outcome
Plaintiff awarded damages in the sum of $1,520,934 (reduced for contributory negligence), plus costs on a party and party basis (ordinary basis), with specific orders for payments to Medicare and Liverpool Hospital, and directions regarding fund management and payment of damages.
Legal Topics
Motor Vehicle Accident, Assessment of Damages, Contributory Negligence, Indemnity Costs, Attendant Care Services, Future Medical Expenses, Fund Management
Torts Personal Injury Compensation Law Motor Vehicle Accident Assessment of Damages Contributory Negligence Indemnity Costs Attendant Care Services +2 more

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Summary, issues, holding and outcome

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Parties

Tu Tran

Plaintiff

Maria Dos Santos

Defendant

Procedural Posture

Personal Injury (motor Accident) Claim / Assessment of Damages Following Principal Judgment

Legal Issues

  1. 1 Whether plaintiff is entitled to interest on past economic loss for impairment of earning capacity under Motor Accidents Compensation Act 1999 s 137(4)(a)(i)
  2. 2 Proper assessment of damages including future medical treatment and pharmaceutical items, attendant care, physiotherapy, fund management fee, and costs
  3. 3 Entitlement to indemnity costs under offer of compromise regime and circumstances justifying or excluding such an award

Ratio Decidendi

The plaintiff is entitled to damages for injuries sustained in a motor accident, assessed at $3,802,335.77, but reduced by 60% for contributory negligence, yielding $1,520,934, less specified deductions. No interest is payable on past economic loss because the statutory requirements were not satisfied. Indemnity costs are not awarded due to exceptional circumstances. Specific allowances are made for future medical, care, physiotherapy, and fund management expenses based on evidence and statutory criteria.

Court Disposition

Plaintiff awarded damages in the sum of $1,520,934 (reduced for contributory negligence), plus costs on a party and party basis (ordinary basis), with specific orders for payments to Medicare and Liverpool Hospital, and directions regarding fund management and payment of damages.

Orders

  • Final judgment for Plaintiff in sum of $1,520,934, effective 1 May 2009
  • Defendant may deduct and pay $6,371.40 to Liverpool Hospital and $250,293.71 to Medicare from damages