AXIAK v PEZZANO [NO 2] [2002] NSWCA 107

New South Wales Court of Appeal

CITATION : AXIAK v PEZZANO [NO 2] [2002] NSWCA 107 FILE NUMBER(S) : CA 40317/01 HEARING DATE(S) : 17 April 2002 JUDGMENT DATE : 17 April 2002

PARTIES : Stella Axiak - Appellant Josephine Pezzano - Respondent JUDGMENT OF : Sheller JA

LOWER COURT JURISDICTION : District Court LOWER COURT DC 8609/98 FILE NUMBER(S) : LOWER COURT Gibb DCJ JUDICIAL OFFICER :

COUNSEL : M B Williams/J Harris - Appellant CRR Hoeben SC - Respondent SOLICITORS : Laurence & Laurence - Appellant Connery & Partners - Respondent CATCHWORDS : Interest on past loss of income after deduction for dependency LEGISLATION CITED : Motor Accidents Act 1988 CASES CITED: - DECISION : 1. Appeal allowed; 2. Verdict and judgment of the Court below set aside; 3. In lieu thereof verdict and judgment for the appellant in the sum of $1,439,586.25; 4. Of this verdict, the sum of $368,125.00 is apportioned to the benefit of Jordan Dimitri Ternovy, an infant, the son of the plaintiff and the late Ivan James Ternovy; 5. In accordance with the Damages (Infant's and Persons of Unsound Mind) Act 1929 (NSW) the respondent is to pay into Court the said sum of $368,125.00 to be paid out to the Public Trustee on trust for the said Jordan Dimitri Ternovy until the attainment of his majority on 6 July 2011; 6. The respondent is to pay the appellant's costs of the proceedings in the Court below save that the appellant shall not have, and shall pay the respondent's costs thrown away by virtue of the adjournments of 6 and 13 October 2000; 7. The respondent is to pay the appellant's costs of the appeal; 8. The respondent is to pay the appellant's costs in the Court of Appeal before Sheller JA on 17 April 2002.