Lawson v Hubbard [2020] NSWDC 605

District Court New South Wales

Medium Neutral Citation: Lawson v Hubbard [2020] NSWDC 605 Hearing dates: 8 October 2020 Date of orders: 13 October 2020 Decision date: 13 October 2020 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the plaintiff in the sum of $682,000; 2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3. The exhibits may be returned; 4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – negligence – occupier's liability – extensive burns received by plaintiff when defendant poured accelerant onto a homemade outdoor fire pit causing an explosion and resultant burns to the plaintiff who was sitting nearby – assessment hearing; DAMAGES – assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002 (NSW), s 13, s 16 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Penrith City Council v Parks [2004] NSWCA 201 State of NSW v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536 Category: Principal judgment Parties: Tre Lawson (Plaintiff) Raymond Hubbard (Defendant) Representation: Counsel: Mr R Brown (Plaintiff) In Person (Defendant)

Solicitors: Slater & Gordon (Plaintiff) File Number(s): 2019/252552 Publication restriction: None

Judgment

Nature of case 1. By statement of claim filed on 14 August 2019, the plaintiff, Mr Tre Lawson, now aged 21 years, claims damages for personal injuries due to extensive burns he sustained when he was aged 17 years, on 6 November 2016 whilst he was on premises occupied by the defendant, Mr Raymond Hubbard. The plaintiff claims those injuries were incurred due to the negligence of the defendant. 2. On 1 September 2019, the plaintiff's statement of claim was served on the defendant. No defence has been filed and default judgment has been entered. The remaining issue to be determined concerns the assessment of the plaintiff's claim for damages. The plaintiff's damages must be assessed in accordance with the requirements of the Civil Liability Act 2002 (NSW) ("CL Act").