Licciardo v Hudson (No 1) [2009] NSWDC 289

New South Wales District Court

CITATION: Licciardo v Hudson (No 1) [2009] NSWDC 289

HEARING DATE(S): 4, 5 August and 30 October 2009

JUDGMENT DATE: 6 November 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

Interim findings and orders: 1. Pursuant to ss 60(1) and 62(1)(b) of the Motor Accidents Compensation Act 1999 I remit the identified damages issue of the causal connection between the plaintiff's injuries, his resort to increased use of alcohol for pain relief, his chronic alcoholism and the probable resultant brain damage to the Motor Accidents Authority of NSW for presentation to the MAS Assessor for further consideration and assessment before resuming and concluding the further hearing of these proceedings to enable that issue to be dealt with prior to delivery of a final judgment; DECISION: 2. I appoint a directions hearing to be listed before me at 10.00am on 5 February 2010 for the purpose of receiving evidence as to the result of any further assessment by the MAS Assessor duly appointed by the Motor Accidents Authority; 3. Liberty to apply on 7 days notice if further orders are required; 4. I reserve the question of costs necessitated by the remittal.

CATCHWORDS: TORTS – personal injury sustained in a motor vehicle collision - PRACTICE AND PROCEDURE – interim findings remitted to MAS Assessor for assessment pursuant to ss 60(1) and 62(1)(b) of the Motor Accidents Compensation Act 1999 - DAMAGES – issue raised by plaintiff in final submissions at trial – issue not previously considered by MAS Assessor – remittal of issue to MAS Assessor for further assessment pursuant to s 60 prior to resumption of trial and entry of final orders

LEGISLATION CITED: Motor Accidents Compensation Act 1999