Foster v Moanoroa [2008] NSWDC 56

New South Wales District Court

CITATION: Foster v Moanoroa [2008] NSWDC 56 This decision has been amended. Please see the end of the judgment for a list of the amendments.

26 and 28 March 2007, HEARING DATE(S): 5-7 September 2007, 10-13 September 2007, 2-5 and 24-25 October 2007

JUDGMENT DATE: 18 April 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Reasons published. 2. Stood over to date to be fixed to complete calculations for past attendant care services, argument on costs and interest, making of final orders and any application for a stay.

CATCHWORDS: MOTOR VEHICLE ACCIDENT - assessment of damages - injuries and disabilities related to the accident - effect of pre-accident drug dependency on subsequent medical condition

LEGISLATION CITED: Motor Accidents Compensation Act 1999

CASES CITED: Fox v Wood (1981) 148 CLR 438

PARTIES: Cathy Violet FOSTER (Plaintiff) Peter MOANOROA (Defendant)

FILE NUMBER(S): Newcastle 230/05

COUNSEL: D T Kennedy SC - T R Edwards (Plaintiff) A J Black - A P Capelin (Defendants)

SOLICITORS: Bale Boshev Lawyers (Plaintiff) TL Lawyers (Defendants)

JUDGMENT

1 Cathy Violet Foster was involved in a motor vehicle accident on 21 September 2000. The defendant admitted breach of the duty of care. The plaintiff claimed to have been significantly disabled by the accident. She claimed substantial damages.

2 The issues related to the severity of the injuries and disabilities suffered by the plaintiff and required consideration of: 1. The nature of the lumbo-sacral injury suffered by the plaintiff. 2. Whether that injury was responsible for the plaintiff's current condition. 3. The extent to which the plaintiff was to be compensated, particularly in relation to domestic and personal care.