Wilson v CMS Morgen Ltd & anor (No 1) [2008] NSWDC 50

New South Wales District Court

CITATION: Wilson v CMS Morgen Ltd & anor (No 1) [2008] NSWDC 50

HEARING DATE(S): 10 March 2008 EX TEMPORE JUDGMENT DATE : 14 March 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: The matter is adjourned to 20 March 2008 for argument on costs and entry of final orders.

CATCHWORDS: Personal injury - Allegations of pre-existing medical condition

Bubbles WILSON PARTIES: CMS MORGEN LTD DAVID CAMPBELL BUILDING SERVICES P/L

FILE NUMBER(S): Newcastle 561/06

COUNSEL: Plaintiff - T R Edwards Defendants - D A Priestley

Plaintiff - Bale Boshev SOLICITORS: 1st Defendant - Thompson Cooper Lawyers 2nd Defendant - Curwood Lawyers

JUDGMENT

1 Bubbles Wilson claims that she was injured when a panel of gyprock fell on her head while she was shopping in the Bi-Lo supermarket at Maitland on 22 February 2006.

2 She claimed against the first defendant as the owner of the premises and against the second defendant as the first defendant's tenant in occupation of the premises. The defendants were jointly represented. They asked the Court to order that their cross claims be dismissed. Although breach of the duty of care was denied on the pleadings of the hearing, the defendants admitted liability. I was not asked to apportion liability between them.

3 The issues therefore related to assessment and were: (1) whether the injuries and disabilities suffered by the plaintiff were sufficiently serious to warrant any award of non-economic loss; (2) the effect of the injuries and disabilities on the plaintiff's past and future income earning capacity; (3) the need, if any, generated by the injuries and disabilities for domestic assistance; and (4) the need, if any, generated by the injuries and disabilities for future treatment.