Hunt v State of New South Wales; Shipton v State of New South Wales (No 2) [2005] NSWSC 1150

New South Wales Supreme Court

Hunt v State of New South Wales; Shipton v State of New South Wales (No 2) [2005] NSWSC 1150 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : Tuesday 26 July 2005

JUDGMENT DATE : 11 November 2005

JUDGMENT OF : Simpson J

DECISION : Damages to be assessed according to common law principles; findings of fact relevant to quantification; parties to make necessary calculations.

CATCHWORDS : quantification of damages - liability of NSW Police Service previously determined - whether damages to be quantified determined under Motor Accidents Act 1988 ("MAA") or by common law principles - injury within meaning of MAA - purpose and objects of MAA - MAA does not create rights or new rights - MAA does not create a compensation scheme - purpose of MAA is to confine costs of compensation for personal injury caused by motor accidents - meaning of "motor accident" - meaning of "accident" - compulsory third party insurance provisions - general damages - future medical expenses - past voluntary assistance - future commercial assistance - economic loss - post injury earning capacity - future economic loss - superannuation

Civil Aviation (Carriers Liability) Act 1959 (Cth) Motor Accidents Compensation Act 1999, Schedule 1, s9 LEGISLATION CITED : Motor Accidents Act 1988, Part 6, s2A, s2B, s3, s6, s68A, s70, s79 Workers Compensation Act 1987

Air France v Saks 470 US 392 (1985) Allianz Australia Insurance Ltd v GSF Australia Pty Ltd [2005] HCA 26; 215 ALR 385 Australian Casualty Co Ltd v Federico [1986] HCA 32; 160 CLR 513 CASES CITED : Hunt v State of New South Wales; Shipton v State of New South Wales [2005] NSWSC 12 Kelly v The Queen [2004] HCA 12; 218 CLR 216 Leo N Dunn & Sons Pty Ltd v McPhillamy [2000] NSWCA 343 Povey v Qantas Airways Ltd & Anor [2005] HCA 33; 216 ALR 427