OLIVE v STATE OF NEW SOUTH WALES [2003] NSWSC 356

New South Wales Supreme Court

CITATION : OLIVE v STATE OF NEW SOUTH WALES [2003] NSWSC 356 HEARING DATE(S) : 13 - 15 May 2002 JUDGMENT DATE : 6 February 2003

JUDGMENT OF : Levine J DECISION : 1(a) General damages assessed at $166,500.00.; (b) Future medical expenses: $111,372.00.; (c) Past loss of earnings: $11,500.00.; (d) Future loss in respect of earning capacity: $198,730.00.; (e) Past care: $159,000.00.; (f) Future care: $171,110.00.; (g) Legal costs in criminal matters: $22,000.00.; 2. I direct the parties to bring in short minutes of orders relating to outstanding components of the heads of damages, as referred to in these reasons, the entry of judgment, the disposition of the judgment sum and any matter that may affect costs.; 3. Those short minutes may be brought in by arrangement with my Associate on 24 hours notice.

CATCHWORDS : Personal injury claim at common law LEGISLATION CITED : Motor Accidents Act Habib v The Nominal Defendant, NSWCA, unreported, 26 September 1995 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 CASES CITED : Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 SRA of NSW v Wiegold (1991) 25 NSWLR 500 Van Gervan v Fenton (1992) 175 CLR 327 EUGENE OLIVE BY HIS NEXT FRIEND YVONNE MARGARET OLIVE (Plaintiff)

PARTIES : v

STATE OF NEW SOUTH WALES (Defendant) FILE NUMBER(S) : SC 10349 OF 2000 R McIlwaine SC / F Stevens (Plaintiff) COUNSEL : T Barrett (Defendant) La Fontaine Solicitors (Plaintiff) SOLICITORS : IV Knight (Defendant)