Dungan v Padash [2021] NSWCA 66

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dungan v Padash [2021] NSWCA 66 Hearing dates: 12 February 2021 Date of orders: 23 April 2021 Decision date: 23 April 2021 Before: White JA at [1] McCallum JA at [64] Emmett AJA at [82] Decision: 1. Appeal allowed. 2. Set aside orders 1 and 2 of the District Court made on 30 July 2020. 3. In lieu thereof direct entry of judgment for the respondent in the sum of $41,965.65, such judgment to take effect as and from 30 July 2020. 4. Order that the respondent pay the appellant's costs of the appeal. 5. Unless the parties agree as to the order which should be made as to the costs of the proceedings in the District Court, within 14 days the appellant file and serve written submission (not to exceed five pages) and any affidavit proposed to be relied upon on the question of what costs order should be made in respect of the proceedings in the District Court. 6. Within 14 days thereafter, the respondent file and serve submissions (not to exceed five pages) and any evidence proposed to be relied upon on that issue. 7. Any submissions in reply (not to exceed three pages) be filed and served within seven days thereafter. Catchwords: NEGLIGENCE — Causation — Motor vehicle accident — Where plaintiff diagnosed with adjustment disorder secondary to back injury caused by accident — Where back injury consisted in the aggravation of existing degenerative changes — Whether psychiatric injury remained causally related to the accident even after physical restrictions attributable to the accident subsided Legislation Cited: Civil Liability Act 2002 (NSW), s 32 Motor Accidents Compensation Act 1999 (NSW), s 133(2) Cases Cited: Malec v J C Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Optus Administration Pty Ltd v Wright [2017] NSWCA 21 Purkess v Crittenden (1965) 114 CLR 164; [1965] HCA 34 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Watts v Rake (1960) 108 CLR 158; [1960] HCA 58 Williams v Metcash Trading Ltd [2019] NSWCA 94 Category: Principal judgment Parties: Rebecca Dungan (Appellant) Hassan Padash (Respondent) Representation: Counsel: K Rewell SC (Appellant) R S Sheldon SC with E Welsh (Respondent)