Lawson v Bourke [2008] NSWDC 100

New South Wales District Court

CITATION: Lawson v Bourke [2008] NSWDC 100

HEARING DATE(S): 26-29 November 2007, 3-7 & 10 December 2007

JUDGMENT DATE: 18 June 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Stood over to a date to be fixed to finalise the calculation of the judgment sum, deal with issues of costs and to enter final orders. 2. My reasons are published.

CATCHWORDS: MOTOR VEHICLE ACCIDENT - Credit - Whether plaintiff feigning physical/psychiatric injury and disability - Weight to be placed on psychological testing

LEGISLATION CITED: Motor Accidents Compensation Act 1999

PARTIES: Merrill Dawn Lawson Kristy Bourke

FILE NUMBER(S): Newcastle 102/07

COUNSEL: H Halligan (Plaintiff) S E McCarthy (Defendant)

SOLICITORS: Brazel Moore (Plaintiff) McLachlan Chilton (Defendant)

JUDGMENT

1 Merrill Dawn Lawson was involved in a motor vehicle accident on 7 September 2002. She was a passenger in a car driven by her husband John Lawson. Their car was struck from the rear by a car driven by Kristy Bourke. There was some dispute concerning the precise circumstances of the accident but it was not disputed that the defendant was in breach of her duty of care to the plaintiff.

2 The plaintiff complained of significant physical and psychological injuries as a result of the accident. The issues were: 1 Whether the plaintiff's evidence of injury, damage and loss should be believed. 2 The circumstances of the accident and the plaintiff's immediate post accident presentation. 3 The nature of the injuries and disabilities suffered by the plaintiff as a consequence of the accident. 4 The compensation, if any, to be awarded for non-economic loss, past and future income loss, past and future domestic and attendant care services and past and future medical and other expenses.