Judd v Crystal Carwash Cafe Pty Limited [2010] NSWDC 31

New South Wales District Court

CITATION: Judd v Crystal Carwash Cafe Pty Limited [2010] NSWDC 31

HEARING DATE(S): 8 March 2010-9 March 2010

JUDGMENT DATE: 12 March 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1. Verdict and judgment for the plaintiff in the sum of $490,625.50. DECISION: 2. The defendant is to pay the plaintiff's costs on an ordinary basis up to and including 24 July 2009 and on an indemnity basis thereafter. 3. The exhibits are returned.

CATCHWORDS: PERSONAL INJURY - Loss of income - Assessment in circumstances where income loss yet to be demonstrated - Effect of tax management structure - Need for voluntary and paid assistance in managing properties

PARTIES: Ivan Sergei Judd (Plaintiff) Crystal Carwash Cafe Pty Limited (Defendant)

FILE NUMBER(S): 205/08

COUNSEL: I Roberts SC (for the Plaintiff) D Ronzani (for the Defendant)

SOLICITORS: W. G. McNally Jones Staff Lawyers (for the Plaintiff) McCabe Terrill Lawyers (for the Defendant)

JUDGMENT

1 Mr Ivan Judd was injured on 11 January 2008 at the Crystal Carwash in Mosman when he slipped on detergent-laden water whilst inspecting his car. He fell heavily onto his left side impacting in particular with his left elbow and injuring his left shoulder. He also injured the right side of his thoracic spine. The defendant accepted liability for his injuries and admitted breach of duty of care.

2 The parties agreed that the injuries suffered by the plaintiff and the ongoing consequences to him were such that his non-economic loss should be assessed at 28 per cent of a most extreme case. There remained at issue the question of his needs for care both on a voluntary and paid basis, his loss of income earning capacity and his future medical requirements.