Fletcher v Neal [2022] NSWDC 595

District Court New South Wales

Medium Neutral Citation: Fletcher v Neal [2022] NSWDC 595 Hearing dates: 19 – 22, 25 – 26 July 2022 Date of orders: 30 November 2022 Decision date: 30 November 2022 Jurisdiction: Civil Before: Ainslie-Wallace ADCJ Decision: See paragraph [155] for orders Catchwords: TORTS – negligence – motor vehicle accident – plaintiff in lifetime care and support scheme; DAMAGES – assessment of damages Legislation Cited: Civil Liability Act 2002 (NSW), s 5B(1) Evidence Act 1995 (NSW), s 63 Motor Accident Injuries Act 2017 (NSW), s 4.7 Cases Cited: Fox v Wood [1981] HCA 41 Paric v John Holland (Constructions) Pty Ltd [1985] HCA 58 Category: Principal judgment Parties: Edwin Fletcher (Plaintiff) Marcus Neal (Defendant) Representation: Counsel: Mr A Stone SC with Ms J Magee (Plaintiff) Mr D O'Dowd (Defendant)

Solicitors: Carroll & O'Dea (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2021/293520 Publication restriction: None

Judgment 1. On 28 August 2018 at about 7.20 pm, the plaintiff, Edwin Fletcher was injured on the Princes Highway near Milton, NSW, when his motorcycle was struck from behind by a Ford utility driven by the defendant, Marcus Neal. As a result, the plaintiff sustained serious physical injuries, including a traumatic brain injury. He has been accepted into the Lifetime Care and Support Scheme. 2. The plaintiff's damages for non-economic loss have been agreed at $425,000. It is also agreed that the plaintiff has been left without any residual earning capacity. 3. The remaining issues for determination then are, first, liability, and if liability is established, then secondly, whether the plaintiff had to any degree contributed to the accident, and thirdly, for the purpose of assessing economic loss, what would have been the plaintiff's most probable earning capacity but for the accident.