Clifton V Dunn [2009] NSWDC 187

New South Wales District Court

CITATION: Clifton V Dunn [2009] NSWDC 187

HEARING DATE(S): 20, 21, 22, 23, 24, 27, 29 and 30 April 2009

JUDGMENT DATE: 29 May 2009

JURISDICTION: Civil jurisdiction

JUDGMENT OF: Johnstone DCJ

1. Judgment for the plaintiff for $1,430,860.50 DECISION: 2. Defendant to pay the plaintiff's costs on the ordinary basis 3. Leave to apply in relation to interest and costs

CATCHWORDS: DAMAGES - motor accident causing injuries resulting in physiological impairments and a severe psychiatric condition - causation: whether plaintiff's ongoing problems were caused by the injuries or the inappropriate use of opiate analgesia - past and future medical expenses, economic loss and domestic care and assistance - other miscellaneous costs and expenses

LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW)

3WJ Pty Ltd v Kanj [2008] NSWCA 321 CASES CITED: March v E & M H Stramare Pty Ltd (1991) 171 CLR 506 Mahony v J Kruschich (Demolitions) Pty Limited [1985] HCA 37 McGroder v Maguire [2002] NSWCA 261

PARTIES: Corey Thomas Clifton (Plaintiff) Janice Dunn (Defendant)

FILE NUMBER(S): 3167/07

COUNSEL: Mr H Marshall SC with Mr D J Price (Plaintiff) Mr P O'Connor (Defendant)

SOLICITORS: Oliver Campbell Lawyers (Plaintiff) Holman Webb (Defendant)

JUDGMENT

The proceedings and the issues 1. The plaintiff, Corey Clifton, claims damages in respect of injuries received in a motor accident at Cessnock on 20 May 2005. Liability has been admitted and I am required to assess the damages.

2. The damages fall to be determined and assessed under Chapter 5 of the Motor Accidents Compensation Act 1999 (NSW) ("the MACA").