NSW Caselaw
New South Wales District Court
CITATION: Hofer v Brown [2009] NSWDC 32 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 23, 24, 25 July and 5 August 2008
JUDGMENT DATE: 12 March 2009
JURISDICTION: District Court Civil
JUDGMENT OF: Levy SC DCJ
1. Verdict for the Plaintiff in the sum of $1,497,846; DECISION: 2. The Plaintiff's contributory negligence is assessed in the apportionment agreed at 25 percent; 3. Judgment for the Plaintiff in the apportioned sum of $1,123,384.50; 4. Defendant to pay the Plaintiff's costs.
CATCHWORDS: DAMAGES – personal injury – Plaintiff sustained a closed head injury and fractured wrists in a motor vehicle collision – negligence admitted – agreed apportionment for contributory negligence – assessment of multiple heads of damage pursuant to Motor Accidents Compensation Act, 1999.
LEGISLATION CITED: Motor Accidents Compensation Act, 1999 Uniform Civil Procedure Rules, 2005, Schedule 7, Clause 5(c)
Ghunaim v Bart [2004] NSWCA 28 Griffiths v Kerkemeyer [1997] HCA45; (1977) 139 CLR 161 CASES CITED: Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Morgan v Gibson [1997] NSWCA 212 Wynn v NSW Ministerial Corporation [1995] HCA53; (1995) 184 CLR 485
PARTIES: Andrew Hofer (Plaintiff) Godfrey Herbert Brown (Defendant)
FILE NUMBER(S): 1627 of 2007
COUNSEL: Mr AJ Bartley SC with Mr E Romaniuk (Plaintiff) Mr P Ryan (Defendant)
SOLICITORS: Keddies (Plaintiff) Curwoods Lawyers (Defendants)
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