Hunter v Aubrey & 1 Ors [2003] NSWCA 236

New South Wales Court of Appeal

CITATION : Hunter v Aubrey & 1 Ors [2003] NSWCA 236 HEARING DATE(S) : 2 July 2003 JUDGMENT DATE : 26 August 2003

JUDGMENT OF : Sheller JA at 1; Beazley JA at 2; Santow JA at 3 DECISION : Appeal upheld; ORDERS; (1) The verdict entered by the trial judge for the defendant be set aside; (2) The matter be remitted to the District Court for a re-hearing on damages; (3) The appellant to be paid the costs on appeal; costs in the court below shall be in the discretion of the judge hearing the re-trial.

CATCHWORDS : DAMAGES - personal injury suffered in motor vehicle accident - whether qualifying under applicable thresholds of Motor Accident Act 1988 - damages for non-economic loss - damages for future economic loss - alleged exacerbation of injury by pre-existing condition and subsequent pregnancy. Judicial failure to have regard to certain evidence (principally medical) - failure to refer at all to appellant's explanation. Re-trial rather than substituted verdict LEGISLATION CITED : Motor Accident Act 1988 s70A; s79A(4) CASES CITED : Purkess v Crittenden [1965] 114 CLR 164 Corinne Gaye Hunter (Appellant) PARTIES : Jennifer Aubrey (First Respondent) Hunter Area Health Service (Second Respondent) FILE NUMBER(S) : CA 40819/02 COUNSEL : B M J Toomey, QC/ G R Graham (Appellant) M J Neil, QC/ G J Bellew (Respondents) SOLICITORS : Emery Partners (Appellant) Blake Dawson Waldron (Respondents)

LOWER COURT District Court JURISDICTION : LOWER COURT DC M27/01 FILE NUMBER(S) : LOWER COURT Rein DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40819/02 DC M27/01