NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Padash v Dungan [2020] NSWDC 399 Hearing dates: 20-21 July 2020 Date of orders: 30 July 2020 Decision date: 30 July 2020 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 193 Catchwords: TORTS – negligence – motor accident – assessment of damages – nature and extent of personal injuries – significance for recovery of claims for future loss of aggravation of degenerative changes in plaintiff's back and neck – mental harm arising consequently from physical injury – past and future out of pocket expenses – loss of income – future loss of earning capacity – future domestic assistance Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B, 5D, 5E, 13 Motor Accidents Compensation Act 1999 (NSW), s 126 Cases Cited: Avopiling Pty Ltd v Bosevski (2018) 98 NSWLR 171 El-Mohomad v Celenk [2017] NSWCA 242 Malec v JC Hutton (1990) 169 CLR 638 Purkess v Crittenden (1965) 114 CLR 164 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Watts v Rake (1960) 108 CLR 158 Texts Cited: Luntz, Assessment of Damages for Personal Injury and Death, LexisNexis Butterworths revised 4th ed, 2016 Category: Principal judgment Parties: Mr H Padash (Plaintiff) Ms R Dungan (Defendant) Representation: Counsel: Ms E Welsh for the plaintiff Mr J Ryan for the defendant
Solicitors: Brydens Lawyers for the plaintiff Moray & Agnew Lawyers for the defendant File Number(s): 2019/366667 Publication restriction: Nil
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