Connors v Nominal Defendant (No 4) [2020] NSWDC 438

District Court New South Wales

Medium Neutral Citation: Connors v Nominal Defendant (No 4) [2020] NSWDC 438 Hearing dates: 4 June 2020, 9-12 June 2020, 15-16 June 2020. Date of orders: 16 June 2020 Decision date: 16 June 2020 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff against the defendant for $683,739 Catchwords: TORTS - Action for damages for MENTAL HARM (nervous shock). P's father killed in a one vehicle motor accident. Registration and insurance of vehicle had expired. Liability admitted subject to a defence of contributory negligence on the part of the deceased. Driver had admitted drinking alcohol and ingesting illegal drugs before the accident. Driver pleaded guilty to an offence of dangerous driving causing death as a result of her ingestion of illegal drugs. Admission of driver does not bind P. D failed to prove that there was present in the driver's blood or breath any alcohol or illicit drugs and, if it had, did not call any expert evidence to prove the effect on the driver's ability to drive. Driver had been without sleep for 32 hours and during that whole time was active either working or dancing at a "bush doof" party. Driver fell asleep at wheel of the car which left the carriageway and collided with a power pole, leading to death of P's father. Deceased was aware of the time spent by driver without sleep. Driver asked deceased twice to stay awake to keep her awake. Finding of on-third contributory negligence. Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Cases Cited: Clyde v State of NSW (TAFE Commission) [1995] NSWCC 38; (1995) 12 NSWCCR 541 Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15 Zlojutro v GIO (NSW), Court of Appeal, 40569/89, 11 August 1995 Texts Cited: Matt 26, 41; Mark 14, 38, King James Version. Category: Principal judgment Parties: Summer Rain Connors – Plaintiff Nominal Defendant - Defendant Representation: Counsel: J. Turnbull SC & J. de Greenlaw - Plaintiff M. Williams SC – Defendant Solicitors: S. Adams (Adams & Co Lawyers) – Plaintiff L. Patrick (Vardanega Roberts) – Defendant File Number(s): 2018/00159755 Publication restriction: Nil.