NSW Caselaw
New South Wales District Court
CITATION: Choy v Arnott [2009] NSWDC 17
HEARING DATE(S): 28, 29, 30 and 31 July 2008; 29; 30 and 31 July 2008
JUDGMENT DATE: 4 March 2009
JURISDICTION: District Court - Civil
JUDGMENT OF: Levy SC DCJ
1. Verdict for the Plaintiff in the sum of $2,692,664.54; DECISION: 2. The Plaintiff's contributory negligence is assessed in the apportionment agreed at 20 percent; 3. Judgment for the Plaintiff in the apportioned sum of $2,154,131.60; 4. Defendant to pay the Plaintiff's costs.
CATCHWORDS: DAMAGES – personal injury – Plaintiff sustained a head and brain injury in a motor vehicle collision – negligence admitted – agreed apportionment for contributory negligence – assessment of multiple heads of damage pursuant to Motor Accidents Compensation Act, 1999.
Motor Accidents Compensation Act LEGISLATION CITED: 1999 Uniform Civil Procedure Rules, 2005 : Schedule 7
Griffiths v Kerkemeyer [1976-1977] 139 CLR 164 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 CASES CITED: Nominal Defendant v Gardikiotis [1995] HCA 56; (1996) 186 CLR 49 Stewart v Andri [1993-1994] 19 MVR 1 Strinic v Singh [2009] NSWCA 15 Willett v Futcher [2005] HCA 47; (2005) 221 CLR 627
PARTIES: Henry Choy (Plaintiff) Demetrious Peter Arnott (Defendant)
FILE NUMBER(S): 1647 of 2007
COUNSEL: Mr C Leahy SC (Plaintiff) Mr J Turnbull (Defendant)
SOLICITORS: Ron Kramer Associates (Plaintiff) Holman Webb Lawyers (Defendants)
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