Tauri By His Tutor Carmelle Skipper v Janlin; Circuses Pty Limited T/As Stardust Circus (No 3) [2020] NSWSC 1918

Supreme Court New South Wales

Medium Neutral Citation: Tauri By His Tutor Carmelle Skipper v Janlin; Circuses Pty Limited T/As Stardust Circus (No 3) [2020] NSWSC 1918 Hearing dates: 27 – 30 May 2019 Decision date: 24 December 2020 Jurisdiction: Common Law Before: Rothman J Decision: The Court makes the following orders: (1) Judgment for the plaintiff in the sum of $1,801,934.40; (2) Pursuant to s 101 of the Civil Procedure Act 2005 (NSW), interest shall be paid on the judgment at the prescribed rate from the date of judgment; (3) A declaration under s 76(1) of the Civil Procedure Act that, as at the date of judgment, the plaintiff, Siar Tauri, is incapable of managing his affairs insofar as it relates to the management of the judgment sum; (4) Pursuant to the provisions of s 77(2) of the Civil Procedure Act, the defendant shall pay the judgment sum, payable under Order (1) herein, into Court to await further order; (5) The defendant shall pay the plaintiff's costs of and incidental to the proceedings; (6) Leave is reserved to any party to address any arithmetic error; any omission of a claimed head of damage; the form of these orders; and any special or different order for costs; and leave is reserved to the plaintiff or his tutor to deal with any further order relating to the sum to be paid into Court. Catchwords: TORTS – personal injury – assessment of damage – infant head and brain injury – damages awarded – payment into Court Legislation Cited: Civil Liability (Non-economic Loss) Order 2010 (NSW) Civil Liability Act 2002 (NSW), ss 16, 17 Civil Procedure Act 2005 (NSW), ss 76(1), 77, 101 Surveillance Devices Act 2007 (NSW), s 7(3)(b) Trade Practices Act 1974 (Cth), s 74 Cases Cited: Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20. Category: Principal judgment Parties: Siar Tauri By His Tutor Carmelle Skipper (Plaintiff) Janlin Circuses Pty Ltd T/As Stardust Circus (Defendant) Representation: Counsel: R S Sheldon SC/E E Welsh (Plaintiff) J C Chapman (Defendant)