Gillis Pierre Francois Aussems v Commonwealth of Australia [2005] NSWSC 217

New South Wales Supreme Court

CITATION : Gillis Pierre Francois Aussems v Commonwealth of Australia [2005] NSWSC 217

HEARING DATE(S) : 25 Oct - 4 Nov 2004, 24 March 2005

JUDGMENT DATE : 13 April 2005

JUDGMENT OF : Dunford J

DECISION : Judgment for the plaintiff for $228,198 plus costs

CATCHWORDS : Damages for personal injury - assessment of - PTSD - plaintiff in employment or running own business for many years - assessment of loss of earning capacity

Common Law Procedure Act 1898 LEGISLATION CITED : Supreme Court Act 1970

Brittain v Commonwealth of Australia [2004] NSWCA 83 Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 CASES CITED : Medlin v State Government Insurance Commission (1995) 182 CLR 1

PARTIES : Gillis Pierre Francois Aussems v Commonwealth of Australia

FILE NUMBER(S) : SC 20843/96

A G Melick SC / W D Walsh - Plaintiff COUNSEL : P J Jones / I McLachlan - Defendant

James Taylor and Co - Plaintiff SOLICITORS : Australian Government Solicitor - Defendant

LOWER COURT JURISDICTION :

- 20 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DUNFORD J

THURSDAY 24 MARCH 2005

20843/96 GILLIS PIERRE FRANCOIS AUSSEMS v COMMONWEALTH OF AUSTRALIA

JUDGMENT 1 HIS HONOUR: This is a claim by the plaintiff, Gillis Pierre Francois Aussems against the Commonwealth of Australia for damages allegedly suffered by him as a result of the collision of HMAS Melbourne with HMAS Voyager on 10 February 1964. The defendant has admitted breach of duty, but does not admit that the plaintiff suffered any damage as a result of such breach. 2 The plaintiff was born on 20 May 1945 in Holland and was accordingly aged 17 at the time of the collision and is now 59 years old. He arrived in Australia with his parents in June 1954 and the family settled in Melbourne where he was educated to Intermediate Certificate level, leaving school in November 1961.