Addison v BHP Billiton Iron Ore Pty Ltd (No 3) [2021] NSWSC 1031

Supreme Court New South Wales

Medium Neutral Citation: Addison v BHP Billiton Iron Ore Pty Ltd (No 3) [2021] NSWSC 1031 Hearing dates: 5, 6, 7 and 8 July 2021 Date of orders: 18 August 2021 Decision date: 18 August 2021 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Judgment for the plaintiff for the sum of $581,235. (2) The defendant is to pay the plaintiff's costs. (3) Should either party seek a variation of the costs order, I grant leave to the parties to have the matter relisted on 3 days' notice. Catchwords: EVIDENCE – Opinion evidence – Use of psychological testing by expert witness NEGLIGENCE – Damages – Economic Loss – Application of Civil Liability Act 2002 (WA) – Defences – Contributory negligence Legislation Cited: Civil Liability Act 2002 (NSW) Civil Liability Act 2002 (WA) Cases Cited: Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244 Fox v Wood (1981) 148 CLR 438; [1981] HCA 41 Martinez v OCS Services Pty Ltd [2009] WADC 42 Nairn v The Board of Management of Warren District Hospital [2006] WADC 97 Rabay v Bristow [2005] NSWCA 199 Thompson v J-Corp Pty Ltd [2018] WADC 164 Watts v Rake (1960) 108 CLR 158; [1960] HCA 58 Category: Principal judgment Parties: Ronald Addison (Plaintiff) BHP Billiton Iron Ore Pty Ltd (Defendant) Representation: Counsel: B Dooley SC with J Lee (Plaintiff) G Watson SC with W Liu (Defendant)