East v King [1999] NSWSC 314

New South Wales Supreme Court CITATION : East v King [1999] NSWSC 314 revised - 31/08/99 CURRENT JURISDICTION : Supreme Court FILE NUMBER(S) : NR 600066/94 HEARING DATE(S) : 25/03/99-29/03/99 JUDGMENT DATE : 1 April 1999

PARTIES : Rouella Argentin East v Hubert Earl King JUDGMENT OF : at 1

COUNSEL : D. Wheelahan QC with G. Radburn (Plaintiff) P. Crittle (Defendant) SOLICITORS : Somerville Laundry Lomax (Lismore) (Plaintiff) Hunt & Hunt (Defendant) CATCHWORDS : Motor Accidents; Assessment of Damages; Personal Injury; Economic and Other Losses DECISION : Damages Assessed

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MICHAEL GROVE J

LISMORE: Thursday 1 April 1999

NR 600066/94 - ROUELLA ARGENTIN EAST v HUBERT EARL KING

JUDGMENT

1 HIS HONOUR: In this action the plaintiff seeks damages in respect of injuries which she sustained in an accident on 4 September 1993. She had been born on 30 June 1956 and was therefore 37 years of age when injured and is now nearly 43. She was born in Cairo, I gather of Greek parentage. She was educated variously in Cyprus, Kuwait and ultimately at the West Ryde High School. It is not necessary for me to recount these matters in detail. She was injured when riding a motorcycle and it appears that an oncoming vehicle made a right hand turn across her path. Liability is conceded and the case is before the Court solely for the assessment of damages. 2 She was admitted first to Lismore Base Hospital; later transferred to Princess Alexandra Hospital in Brisbane; later transferred to the Royal Prince Alfred Hospital in Sydney, returned to Lismore Base Hospital, then to St Vincent's Hospital in Lismore for rehabilitation. In all she was hospitalised for something in the order of six months. 3 Particularly during her stay at the Royal Prince Alfred Hospital she underwent multiple major surgical and neurological procedures. It was mentioned in the course of evidence that the reason for transfer from Brisbane to Sydney was that the surgeon in Sydney was the only person in Australia qualified to perform the highly delicate and major surgery which the plaintiff needed. 4 There is a summary of the plaintiff's injuries in a transfer letter which was received by the Royal Prince Alfred Hospital. That lists the following injuries: