Roads & Traffic Authority of NSW v. Lolomanaia [2001] NSWCA 268

New South Wales Court of Appeal

CITATION : Roads & Traffic Authority of NSW v. Lolomanaia [2001] NSWCA 268 FILE NUMBER(S) : CA 40628/00 HEARING DATE(S) : 13 June 2001 JUDGMENT DATE : 27 August 2001

PARTIES : Roads & Traffic Authority of NSW - appellant Kepueli Taufui Lolomanaia - respondent JUDGMENT OF : Hodgson JA at 1; Davies AJA at 59; Fitzgerald AJA at 60

LOWER COURT JURISDICTION : Supreme Court LOWER COURT CL11135/90 FILE NUMBER(S) : LOWER COURT Greg James J JUDICIAL OFFICER :

COUNSEL : Mr. S. Walmsley SC with Mr. P. Doherty for appellant Mr. D. Nock SC with Mr. S. Torrington for respondent SOLICITORS : Hunt & Hunt, Sydney for appellant Bond & Bond, Eastwood for respondent CATCHWORDS : DAMAGES - Domestic assistance - Need due in part to matters unrelated to the compensable injury - Van Gervan principle. D. CASES CITED: Van Gervan v. Fenton (1992) 175 CLR 327 DECISION : See par.58 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40628/00 CL 11135/90

HODGSON JA DAVIES AJA FITZGERALD AJA

Monday 27th August 2001 ROADS AND TRAFFIC AUTHORITY OF NSW V. LOLOMANAIA JUDGMENT

1 HODGSON JA: This is an appeal from a decision of Greg James J by which his Honour awarded the respondent damages of $944,357.50 against the appellant, and ordered the appellant to pay the respondent's costs of the proceedings on a party and party basis up to and including 15th July 1994 and on an indemnity basis thereafter. Prior to hearing the case, the primary judge dispensed with a jury, over the opposition of the appellant. One ground of appeal relates to this action. The other grounds of appeal relate to questions concerning quantum of damages and costs.