Armstead v The Nominal Defendant [2005] NSWSC 472

New South Wales Supreme Court

CITATION : Armstead v The Nominal Defendant [2005] NSWSC 472

HEARING DATE(S) : 18/04/05 - 04/05/05

JUDGMENT DATE : 27 May 2005

JUDGMENT OF : Cooper AJ at 1

DECISION : See paragraphs 401 and 402 of judgment

CATCHWORDS : Motorcycle accident - Unknown defendant - Quadriplegia care requirements - Past care costs - Future care costs

Motor Accidents Act 1988 LEGISLATION CITED : Civil Liability Act 2002

Fox v Percy (2003) 214 CLR 118 CASES CITED : The Nominal Defendant v Gardikiotis (1996) 186 CLR 49

Richard Paul Armstead PARTIES : The Nominal Defendant

FILE NUMBER(S) : SC 20439 of 2002

D Wheelahan QC, P Frame (Plaintiff) COUNSEL : B Gross QC, P J Gow (Defendant)

Lamrocks Penrith (Plaintiff) SOLICITORS : McMahons National Lawyers Sydney (Defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION COMMON LAW LIST

ACTING JUSTICE COOPER

27 May 2005

20439 of 2002 RICHARD PAUL ARMSTEAD v THE NOMINAL DEFENDANT

JUDGMENT 1 COOPER AJ: In this case the plaintiff sues to recover damages to compensate him for very serious injuries resulting in quadriplegia sustained by him on the night of 9 March 2000 when the motorcycle he was riding and he parted company and he fell striking his head against the corner of the concrete kerb. 2 He alleges that an oncoming vehicle on his side of the road was about to collide with him head on and in order to avoid such a collision he was compelled to cross on to his incorrect side of the road in a rushed emergency manoeuvre thereby resulting in his fall and injuries. The defendant denies that there was any such oncoming vehicle and claims that the injuries were caused by the plaintiff driving round a left-hand bend in the roadway at an excessive speed.