Mato v Zarkas [2005] NSWSC 800

New South Wales Supreme Court

Mato v Zarkas [2005] NSWSC 800 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 01/08/2005, 02/08/2005, 03/08/2005, 04/08/2005, 08/08/2005

JUDGMENT DATE : 15 August 2005

JUDGMENT OF : Hoeben J at 1

DECISION : Verdict for the plaintiff.

CATCHWORDS : Assessment of damages - paraplegia, life expectancy, services to be performed by wife, chance of marriage not lasting, need for hydrotherapy pool.

Motor Accident Compensation Act 1999 LEGISLATION CITED : Motor Accidents Act 1988

Husher v Husher (1999) 197 CLR 138 Matchan v Lyons [2003] NSWCA 384 Mortimer v Burgess (NSWCA, unreported, 16.6.97) CASES CITED : Roads and Traffic Authority of NSW v Lolomanaia (2001) 34 MVR 249 State of NSW v Moss (2000) 54 NSWLR 536 Van Gervan v Fenton (1992) 175 CLR 327 Wynn v NSW Ministerial Corporation (1995) 184 CLR 485

Peter Mato - Plaintiff PARTIES : Zois Zarkas - Defendant

FILE NUMBER(S) : SC 20200/04

CA Evatt/MK Rollinson - Plaintiff COUNSEL : B Gross QC/K Kelleher - Defendant

Teakle Ormsby George - Plaintiff SOLICITORS : McMahons National Lawyers - Defendant

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

20200/04 – Peter MATO v Zois ZARKAS

Monday, 15 August, 2005

JUDGMENT 1 HIS HONOUR: On 2 August 2001 the plaintiff was riding a motorbike. As he was approaching an intersection with the traffic control lights green in his favour, a car travelling in the opposite direction made a right hand turn in front of him. The plaintiff's bike struck the passenger side door of the car causing the plaintiff to fly over the car and strike a pole. The plaintiff was rendered a paraplegic as a result of the accident. 2 Liability has been admitted by the defendant. 3 The matter is before the court for the assessment of damages.