Annette Bulmer v Prestige Property [2007] NSWDC 263

New South Wales District Court

CITATION: Annette Bulmer v Prestige Property [2007] NSWDC 263

HEARING DATE(S): 17/04/07, 18/04/07, 19/04/07, 20/04/07, 24/10/07

JUDGMENT DATE: 30 November 2007

JURISDICTION: Civil

JUDGMENT OF: Finnane QC DCJ

DECISION: Therefore, I allow damages for domestic assistance in the past of eight hours a week at a rate of $20 per hour, and for the future, I will allow six hours a week at $25 per hour. To all of this must be added an amount for the Fox v Wood component. Finally, I add $8 per week for consultations with a general practitioner and $600 per annum for consultations with an orthopaedic surgeon. My calculation is that with all these sums assessed, the plaintiff is entitled to a verdict of $729,800; I would ask counsel to calculate the amounts referable to the items I have assessed, to make sure I am correct and I will enter judgment for the plaintiff. The fourth defendant must pay the costs of the plaintiff on the ordinary basis.; Therefore, I give notice to the solicitors for the fourth defendant that they should show cause why they should not personally pay the costs ordered to be paid by the fourth defendant and why they should not submit to an order that they make no recovery of those costs from their client.; I give them 14 days to file any affidavits on which they wish to rely. Such affidavits, if any, are to be served on the plaintiff's solicitor and on the insurer of the defendant within that time. I place the matter in the list before me on Friday 14th December 2007 for further directions.

CATCHWORDS: personal inury - causal link between injuries - damages - liability - negligence - witness tells deliberate lies in evidence - costs

LEGISLATION CITED: ss. 198L , 345 Legal Profession Act 2004