Logan as tutor for Logan v Logan [2010] NSWDC 128

New South Wales District Court

CITATION: Logan as tutor for Logan v Logan [2010] NSWDC 128

HEARING DATE(S): 18 May 2010-19 May 2010

JUDGMENT DATE: 21 May 2010

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

1) Verdict and judgment for the plaintiff in the sum of $362,525. 2) The defendant is to pay the plaintiff's costs on an ordinary basis, up to and including 10 December 2009 and on an indemnity basis thereafter. DECISION: 3) The exhibits will be retained for twenty-eight days. 4) After compliance with its obligations under the Health and Other Services (Compensation) Act 1995 which I note involves the payment to Medicare of $348.70 and after deduction of s 83 expenses of $2,405. The defendant is to pay the sum of $4,746.30 to the plaintiff's solicitor upon his undertaking to pay that amount to the plaintiff's tutor in reimbursement of medical expenses paid by her on behalf of the plaintiff. 5) The balance of the judgment sum is to be paid to the New South Wales Trustee and Guardian for investment by the New South Wales Trustee and Guardian on behalf of Tayah Nicole Logan until she attains the age of eighteen years. 6) These orders are made in accordance with the provisions of s 77 of the Civil Procedure Act 2005.

CATCHWORDS: INFANT - Assessment of damages - Facial scarring and psychological disorders - Affect on quality of life current and future - Affect on future income earning capacity

Civil Procedure Act 2005 LEGISLATION CITED: Health and Other Services (Compensation) Act 1995 Motor Accidents Compensation Act 1999

CASES CITED: Amoud v Al Batat [2009] NSWCA 333 Fegan by her tutor Rozenauers v Lane Cove House Pty Limited [2007] NSWCA 88