BROWN v CRAIG and TIPTOP BAKERIES [2007] NSWDC 42

New South Wales District Court

CITATION: BROWN v CRAIG and TIPTOP BAKERIES [2007] NSWDC 42

HEARING DATE(S): 12-14 March 2007 EX TEMPORE JUDGMENT DATE : 21 March 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the sum of $742,107.79. 2. The defendants are to pay the plaintiff's costs on an indemnity basis from 24.8.07 as to 80% and on an ordinary basis as to 80% prior to that date. 3. Exhibits will be retained for 28 days.

CATCHWORDS: Effect of future surgery on income loss and domestic care needs

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

Sean Duncan BROWN PARTIES: Dale Russell CRAIG George Weston Foods Ltd t/as TIPTOP BAKERIES

FILE NUMBER(S): NEWCASTLE 177/05

COUNSEL: D T Kennedy SC /T R Edwards - Plaintiff P R Cummings - Defendants

SOLICITORS: Bale Boshev - Plaintiff Sparke Helmore - Defendants

JUDGMENT

HER HONOUR

1 Sean Duncan Brown suffered very serious injury to his right leg in a collision between his motor cycle and a semi trailer driven by the first defendant and owned by the second defendant. The collision occurred at the intersection of Lorna Street and Maud Street Waratah, a suburb of Newcastle, in the early hours of 9 May 2003.

2 Breach of the duty of care and contributory negligence were initially in issue. During the course of the proceedings the parties agreed that the defendants breached their duty of care to the plaintiff, and that the plaintiff contributed as to 20 per cent to the damage caused as a result of the collision. The hearing proceeded therefore to deal only with the assessment of the plaintiff's damages.