NSW Caselaw
New South Wales Supreme Court
CITATION : SULLIVAN v. GIO [2005] NSWSC 135
HEARING DATE(S) : 24 to 28 November 2003; 1 to 5 December 2003; 9 December 2003; 11 December 2003; 9 February 2004; 27 February 2004; 16 March 2004
JUDGMENT DATE : 7 March 2005
JURISDICTION : Common Law
JUDGMENT OF : Greg James J at 1
DECISION : Verdict for the plaintiff. The parties are to calculate interest, etc., to provide for an up to date amount.
CATCHWORDS : Damages - assessment - three year old infant now 21 - loss of earning capacity - whether relatives earnings are comparable - prospects in life speculative - appropriate basis for assessment when injuries of very high order - no residual earning capacity - blindness - brain damage - extensive further physical disabilities - a degree of insight - need for future attendant care, home alterations and pool, gym, physiotherapy and occupational therapy and other treatments, together with computer, Braille and travel assistance.
Motor Vehicles (Third Party Insurance) Act 1942 Motor Accidents Act 1988 Civil Liability Act 2002 LEGISLATION CITED : Law Reform (Marital Consortium) Act 1984 Damages (Infants & Persons of Unsound Mind) Act 1929 Protected Estates Act 1983
Simpson v. Diamond [2001] NSWSC 1048 MBPCSA Pty. Limited v. Gogic (1991) 171 CLR 657 NSW Insurance Ministerial Corporation (formerly GIO) v. Willis & Anor (Court of Appeal, unreported 2 September 1994) CASES CITED : Norris v. Blake (No. 2) 41 NSWLR 49 Ren v. Mukerjee (ACTSC, unreported 12 December 1996) Cowra Shire Council v. Trugett [2004] NSWCA 9 J.K. Kealy v. Jones (1979) 1 NSWLR 723
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