Wilkinson v Campton [2003] NSWCA 325

New South Wales Court of Appeal

CITATION : Wilkinson v Campton [2003] NSWCA 325 HEARING DATE(S) : 8 October 2003 JUDGMENT DATE : 13 November 2003

JUDGMENT OF : Meagher JA at 1; Tobias JA at 2; Foster AJA at 68 DECISION : Appeal to be dismissed with costs

CATCHWORDS : NEGLIGENCE damages quantum - ND LEGISLATION CITED : Supreme Court Act, s75A Motor Accidents Act 1988, s70A para 35, s79A Dunn v Firth (2003) NSWCA 280 CASES CITED : Agbaba v Witter (1977) 51 ALJR 503 State Bank of NSW v White (1995) 36 NSWLR 622 PARTIES : Michael Wilkinson Mathew Geoffrey Campton FILE NUMBER(S) : CA 41094/02 COUNSEL : A: Mr J Guihot R: Mr J D Hislop QC / P Maiden SOLICITORS : A: Hunt & Hunt, Newcastle R: MBT Lawyers, Coffs Harbour

LOWER COURT District Court JURISDICTION : LOWER COURT DC 131/00 FILE NUMBER(S) : LOWER COURT Rolfe, J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41094/02 DC 131/00

MEAGHER JA TOBIAS JA FOSTER AJA

13 November 2003 MICHAEL WILKINSON v MATHEW GEOFFREY CAMPTON Judgment 1 MEAGHER JA: I agree with Tobias JA. 2 TOBIAS JA: This is an appeal from a decision of his Honour Judge Rolfe of the District Court who, on 8 November 2002, awarded the respondent damages in the sum of $219,136. The proceedings arose out of a motor vehicle accident, which occurred on 19 February 1999 when the respondent was a passenger in a four-wheel drive vehicle driven by the appellant. 3 The existence of a duty of care and a breach of that duty was admitted. However, the appellant pleaded contributory negligence on the part of the respondent and there was a significant contest with respect to the damages to which the respondent was entitled. The primary Judge found that there was no contributory negligence and although two of the grounds of appeal related to that finding, the issue was abandoned in the appellant's written submissions. Accordingly, the appeal related only to the quantum of damages awarded by the primary Judge.