Mennega v Lane Cove Fitness Centre [1999] NSWSC 734

New South Wales Supreme Court CITATION : Mennega v Lane Cove Fitness Centre [1999] NSWSC 734 CURRENT JURISDICTION : Common Law FILE NUMBER(S) : 20542/95 HEARING DATE(S) : 4-5 March 1999 JUDGMENT DATE : 6 July 1999

John Martin Mennega (Plaintiff) PARTIES : Tony Foskett and Stuart Knight t/as Lane Cove Fitness Centre (First Defendant) Ed Jozowski t/as Kolissal Fitness Systems (Second Defendant) Stewart Haig Roberts (Third Defendant) JUDGMENT OF : Dowd J

COUNSEL : Mr C.T. Barry QC (Plaintiff) Mr S.C. Finnane (1st & 2nd Defendants) SOLICITORS : Schrader & Associates (Plaintiff) P.W. Turk & Associates (1st & 2nd Defendants) CATCHWORDS : Assessment of damages; High income earner; Economic loss DECISION : Verdict for the Plaintiff against 1st and 2nd Defendants.; Cross action stood out of list.; Action against 3rd Defendant stood out of list.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DOWD J 6 July 1999 20542/1995

MENNEGA v LANE COVE FITNESS CENTRE

REASONS FOR JUDGMENT 1 The plaintiff, John Martin Mennega, brought this action against the first, second and third defendants, in respect of injuries the plaintiff sustained whilst operating gymnasium equipment at the fitness centre operated by first defendant. Breach of duty of care was admitted by the first and second defendants. 2 The first and second defendants as cross-claimants commenced an action against the third defendant as cross-defendant in contract and tort, seeking indemnity. That cross-claim was stood over by me at the commencement of the hearing and was not the subject of these proceedings. 3 The plaintiff claims damages for the injuries and his loss of earning capacity. The first and second defendants conceded that the plaintiff suffered the injuries and that he had suffered damage as a result of the injuries sustained. However, the extent of damages was at issue.