Jennifer Kathryn Ranieri & Ors v The Nominal Defendant & Ors [2000] NSWSC 134

New South Wales Supreme Court

CITATION : Jennifer Kathryn Ranieri & Ors v The Nominal Defendant & Ors [2000] NSWSC 134 revised - 7/12/2000 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20860/1995; 20862/1995; 20863/1995; 20864/1995 HEARING DATE(S) : 31 January 2000 1 - 4 February, 7 February, 9 - 11 February, 14 February 2000 JUDGMENT DATE : 9 March 2000

Jennifer Kathryn Ranieri (Plaintiff 20860/1995) Phillip Mario Ranieri as Executor of the Estate of the late Denise Ranieri (Plaintiff 20862/1995) Phillip Mario Ranieri (Plaintiff 20863/1995) Elizabeth Maree Ranieri by her Tutor Phillip Mario Ranieri (Plaintiff 20864/1995) PARTIES : v In each matter The Nominal Defendant (First Defendant/First Cross Claimant to First Cross Claim/Fourth Cross-Defendant to Second Cross-Claim) Dana Australia Pty Limited T/as Truckline Parts Centre (Second Defendant/Fourth Cross-Defendant to First Cross-Claim/Cross-Claimant to Second Cross-Claim) Roads And Traffic Authority Of New South Wales (Third Defendant/Third Cross-Defendant to First Cross-Claim/First Cross-Defendant/Second Cross-Claim) Shellharbour City Council (First Cross-Defendant to First Cross-Claim/Second Cross-Defendant to Second Cross-Claim) State of New South Wales (Second Cross-Defendant to First Cross-Claim/Third Cross-Defendant to Second Cross-Claim) JUDGMENT OF : Master Malpass

Dr A Morrison SC/Mr D Hooke/Ms C Ross (Plaintiffs) Mr F S McAlary QC/Mr D Ronzani (First Defendant/First Cross Claimant to First Cross COUNSEL : Claim/Fourth Cross-Defendant to Second Cross-Claim) Mr J Maconachie QC/Mr G Laughton (Second Defendant/Fourth Cross-Defendant to First Cross-Claim/Cross-Claimant to Second Cross-Claim) Mr J Coombs QC/Mr I Harvey (Third Defendant/Third Cross-Defendant to First Cross-Claim/First Cross-Defendant to Second Cross-Claim) Mr M S White (First Cross-Defendant to First Cross-Claim/Second Cross-Defendant to Second Cross-Claim) Mr D Mallon (Second Cross-Defendant to First Cross-Claim/Third Cross-Defendant to Second Cross-Claim) Robson & Oliver (Plaintiffs) Abbott Tout (First Defendant/First Cross Claimant to First Cross Claim/Fourth Cross-Defendant to Second Cross-Claim) SOLICITORS : Connery & Partners (Second Defendant/Fourth Cross-Defendant to First Cross-Claim/Cross-Claimant to Second Cross-Claim) I V Knight - Crown Solicitor (Third Defendant/Third Cross-Defendant to First Cross-Claim/ First Cross-Defendant/Second Cross-Claim) Phillips Fox (First Cross-Defendant to First Cross-Claim/Second Cross-Defendant to Second Cross-Claim) I V Knight - Crown Solicitor (Second Cross-Defendant to First Cross-Claim/Third Cross-Defendant to Second Cross-Claim) CATCHWORDS : Tetraplegia - measure of life expectancy, voluminous and novel heads of damage (including nanny assistance, home modification costs, fund management costs and GST allowance) - Compensation to Relatives Act claims (including loss of earning capacity and loss of services of wife and mother). Compensation to Relatives Act 1897. LEGISLATION CITED : Crown Proceedings Act 1988. Motor Accidents Act 1988, s 72, s 73, s 79. Circosta v Falzon (1999) NSWCA 308. Malec v J C Hutton Pty Ltd (1990) 92 ALR 545. Medlin v State Government Insurance Commission (1995) 182 CLR 1. CASES CITED : Nominal Defendant v Gardikiotis 186 CLR 49 at 55. Nguyen v Nguyen (1990) 169 CLR 245. Sullivan v Gordon (1999) Aust Torts Reports 81-524. Weideck v Williams (1999) NSWCA 346. DECISION : See paragraphs 48 - 142