Henderson v Campbell [2002] NSWSC 1202

New South Wales Supreme Court

CITATION : Henderson v Campbell [2002] NSWSC 1202 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 20097/00 HEARING DATE(S) : 25/02/02, 26/02/02, 27/02/02, 28/02/02, 01/03/02, 04/03/02, 10/05/02, additional written submissions received 31/5/02, 05/06/02, 03/10/02, JUDGMENT DATE : 20 December 2002

PARTIES : Jarred Campbell Henderson by his tutor Shane Henderson (Plaintiff) Jody Reubenia Campbell (Defendant) JUDGMENT OF : Burchett AJ

COUNSEL : Mr B M J Toomey QC, Mr B McManus (Plaintiff) Mr M J Neil QC, Mr G Watson (Defendant) SOLICITORS : Stacks - The Law Firm (Plaintiff) Lee & Lyons (formerly Connery & Partners) (Defendant) CATCHWORDS : Personal injuries - Assessment of damages where baby suffered very severe brain damage in car accident - Appropriate provision where plaintiff's condition required a change of his parent's residence to a specially modified house in the vicinity of assistance - The approach required in law to the question of life-expectancy and the contingency of early death - - Having assessed life expectancy, inappropriateness of any further discount for the contingency of early death from the figure assessed for future care - Correct basis for calculation of loss of superannuation benefit - Whether the cost of counselling for the plaintiff's mother could be allowed as reasonably necessary to enable her to care for him - Construction and effect of limits on Griffiths v Kerkemeyer awards imposed by s. 35C of the Motor Vehicles (Third Party Insurance) Act 1942 and s. 72 of the Motor Accidents Act 1988 - Where services are provided by several persons, is there one limit covering all or are there separate limits for each? - Cost of commercial care - Allowance for management fees Interpretation Act 1987 LEGISLATION CITED : Motor Accidents Act 1988 Motor Vehicles (Third Party Insurance) Act 1942 Arthur Robinson (Grafton) Pty Limited v Carter (1968) 122 CLR 649 Baldwin v Lisicic (unreported, Kirby P, Priestley and Meagher JJA, 20 April 1993) Bresatz v Przibilla (1962) 108 CLR 541 Burford v Allan (1993) 17 MVR 119 Chulcough v Holley, per Windeyer J (1968) 41 ALJR 336 George v Pinnock [1973] 1 WLR 118 Government Insurance Office of New South Wales v Rosniak (1992) 27 NSWLR 665 Griffiths v Kerkemeyer (1977) 139 CLR 161 Jaensch v Coffey (1984) 155 CLR 549 Malec v J.C. Hutton Proprietary Limited (1990) 169 CLR 638 CASES CITED : Mallett v McMonagle [1970] AC 166 Marsland v Andjelic (1993) 31 NSWLR 162 Moriarty v McCarthy [1978] 2 All ER 213 Mundy v Government Insurance Office of New South Wales (Spender AJ, unreported, 5 June 1995) Nguyen v Nguyen (1990) 169 CLR 245 Nicholson v Nicholson (1994) 35 NSWLR 308 Roberts v Johnstone [1989] QB 878 RTA v Cremona [2001] NSWCA 338 Sharman v Evans (1977) 138 CLR 563 Van Gervan v Fenton (1992) 175 CLR 327 Weideck v Williams [1999] NSWCA 346 Wells v Wells [1999] 1 AC 345 DECISION : Plaintiff directed to bring in short minutes of orders appropriate in the light of these reasons.