J v D [2022] NSWCA 147

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: J v D [2022] NSWCA 147 Hearing dates: 21 March 2022 Decision date: 10 August 2022 Before: Leeming JA at [1]; White JA at [4]; Brereton JA at [40] Decision: Appeal dismissed with costs. Catchwords: APPEALS — Damages — Personal injury or death cases — Motor Accident — Appellant suffers atypical psychotic disorder — Appellant had pre-existing susceptibility to psychotic disorder — Whether primary judge found that the accident accelerated the development of the appellant's psychotic disorder from 2020 to 2016 — Whether primary judge erred in finding that the accident accelerated the development of the appellant's psychotic disorder by four years Legislation Cited: Civil Liability Act 2002 (NSW) s 3B(2)(e), s 32(1) Category: Principal judgment Parties: J by her tutor (Appellant) D (Respondent) Representation: Counsel: P E Blacket SC with B McManamey (Appellant) P J Deakin QC with N D Compton (Respondent)

Solicitors: Elmassian Lawyers (Appellant) Moray and Agnew Lawyers (Respondent) File Number(s): 2021/87464 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Citation: [2021] NSWDC 55 Date of Decision: 9 March 2021 Before: Abadee DCJ File Number(s): 2014/137178

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]