MAHONY v WATSON [2003] NSWCA 259

New South Wales Court of Appeal

CITATION : MAHONY v WATSON [2003] NSWCA 259 HEARING DATE(S) : 3 September 2003 JUDGMENT DATE : 26 September 2003

JUDGMENT OF : Sheller JA at 1; Young CJ in Eq at 64; Gzell J at 65 DECISION : 1 Appellant to file and serve written submissions on what orders this Court should now make on or before 3 October 2003; 2 Respondent to file and serve written submissions on what orders this Court should now make on or before 13 October 2003; 3 Liberty to either party to apply for directions to Sheller JA in Chambers on 24 hours notice to the other.

CATCHWORDS : Appeal - DAMAGES - negligence - personal injury - evidence - causation - injury received in motor vehicle accident - whether further injury sustained in subsequent motor vehicle accident - apportionment of damages - liability of respondent - whether trial judge's conclusion to discount damages by reason of subsequent accident was correct. - Appeal - DAMAGES - mitigation of damages - whether finding by trial judge of a failure to mitigate was correct. - Appeal - costs order - offers of compromise - District Court Rules Part 39A rule 25 (1A) - whether trial judge took proper account of offers of compromise. LEGISLATION CITED : Motor Accidents Act 1988 Brogan v McGeary (1995) Aust Torts Reps 81-342 Commercial Minerals Ltd v Hollins [1993] NSWCA (unreported) Goodsell v Murphy [2002] NSWCA 216 Jobling v Associated Dairies Ltd [1982] AC 794 CASES CITED : Kirby v Sanderson Motors [2002] NSWCA 44 Makita Pty Ltd v Sprowles [2001] NSWLR 705 Medlin v State Government Insurance Commission (1995) 182 CLR 22 State Government Insurance Commission v Oakley (1990) Aust Tort Reps 81-003 Thompson v Smiths Shiprepairers (North Shields) Ltd [1984] 1 QB 405 PARTIES : Garry Thomas Mahony - Appellant Michael Watson - Respondent FILE NUMBER(S) : CA 41047/02 COUNSEL : L King SC/J T Kearney - Appellant M J Neil QC/D Ronzani - Respondent SOLICITORS : Michael Evers & Co - Appellant Blake Dawson Waldron - Respondent