Nominal Defendant v Bogic [2000] NSWCA 164

Reported Decision : [2000] 32 MVR 442

New South Wales Court of Appeal

CITATION : Nominal Defendant v Bogic [2000] NSWCA 164 revised - 02/05/2007 FILE NUMBER(S) : CA 40736/98 HEARING DATE(S) : 03/05/00 JUDGMENT DATE : 10 July 2000

PARTIES : The Nominal Defendant (Appellant) Kathy Bogic (Respondent) JUDGMENT OF : Priestley JA at 1; Stein JA at 2; Fitzgerald JA at 3

LOWER COURT JURISDICTION : District Court LOWER COURT DC6152/97; DC6151/97 FILE NUMBER(S) : LOWER COURT Seery ADCJ JUDICIAL OFFICER :

COUNSEL : Mr R Bartlett SC (Appellant) Mr J Agius SC / Mr D Elliott (Respondent) SOLICITORS : Hunt & Hunt (Appellant) Harpers Solicitors (Respondent) CATCHWORDS : Negligence - Motor Vehicle Accident - Liability of driver of vehicle that caused accident - whether contributory negligence - whether damages awarded were excessive - ND LEGISLATION CITED : Compensation to Relatives Act 1987 Motor Accidents Act 1988 CASES CITED: Halvorsen Boats Pty Ltd v Robinson (1993) 31 NSWLR 1 Dominish v Astill (1979) 2 NSWLR 368 DECISION : Respondent's damages for nervous shock reduced from $233,999 to $191,905. Judgment under the Compensation to Relatives Act varied to give effect to the following apportionment, namely 41.8857% to the respondent, with the balance divided between the children in the proportions 82/314 to the eldest child, 97/314 to the second child and 135/314 to the youngest child. Appeal otherwise dismissed, with costs. The parties to bring in short minutes of the orders to be made pursuant to these reasons within 7 days.