Williams v Rodway & Anor [2004] NSWSC 438

New South Wales Supreme Court

CITATION : Williams v Rodway & Anor [2004] NSWSC 438 HEARING DATE(S) : 19 May 2004 JUDGMENT DATE : 31 May 2004

JUDGMENT OF : Simpson J DECISION : (i) Plaintiff's claim for domestic assistance struck out; (ii) claim transferred to the District Court.

CATCHWORDS : Motor Accidents Act 1988 - claim for damages for domestic assistance - Supreme Court jurisdiction - transfer to District Court LEGISLATION CITED : District Court Act 1983, s143 Motor Accidents Act 1988, s40A, s50A, s52(1A)(b), s72 Atikulla v Sefton [2001] NSWCA 385; 53 NSWLR 574 CASES CITED : Griffiths v Kerkemeyer (1977) 139 CLR 161 Manderson v Ellis [2002] NSWCA 289; 37 MVR 214 Gordon Douglas Williams - Plaintiff PARTIES : Martin John Rodway - 1st Defendant Reece Williams - 2nd Defendant FILE NUMBER(S) : SC 20268/02 COUNSEL : B Gower (Sol) - Plaintiff IM Newbrun - Defendants SOLICITORS : GH Healey & Co with Graeme R Jensen & Co - Plaintiff Blake Dawson Waldron - Defendants

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Monday 31 May 2004

20268/02 Gordon Douglas Williams v Martin John Rodway & Anor

JUDGMENT 1 HER HONOUR: On 14 June 2002 the plaintiff, Gordon Douglas Williams filed a statement of claim in this Court claiming from the defendants damages pursuant to the Motor Accidents Act 1988 ("the Act"), for injuries he suffered in a motor vehicle accident on 14 June 1999. Included in the claim, as an identified head of damages, was a claim for compensation for domestic assistance, pursuant to the principles stated in Griffiths v Kerkemeyer (1977) 139 CLR 161. Through their third party insurer (NRMA Ltd, hereinafter "NRMA"), the defendants filed a notice of grounds of defence. They admitted liability for breach of duty of care and alleged that the plaintiff had contributed to his own injury; they particularised this claim. Additionally, in paragraph 3, they pleaded: "The Defendant's (sic) say that the Plaintiff's claim under paragraph 1 for domestic assistance should be dismissed in accordance with the authority of the NSW Court of Appeal in the matter of Atikulla v Sefton ." 2 By notice of motion filed on 13 December 2002 the defendants claimed orders as follows: "1. The Plaintiff's claims for domestic assistance be dismissed. 2. The matter be transferred to the District Court of NSW at Sydney."