NSW Caselaw
New South Wales Supreme Court
CITATION : Richards v Richards [2006] NSWSC 140 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 9 & 10 March 2006
JUDGMENT DATE : 16 March 2006
JURISDICTION : Common Law Division Administrative Law List
JUDGMENT OF : Associate Justice Malpass at 1
DECISION : See paragraph 49.
CATCHWORDS : CARS assessment - jurisdictional error - compensation awarded for attendant care services where statutory threshold not met - deemed offer - admissible evidence and "the record" - discretionary remedy and delay - plaintiff demonstrates entitlement to relief.
LEGISLATION CITED : Motor Accidents Compensation Act 1999
CASES CITED : Craig v South Australia (1995) 184 CLR 163 Geaghan v D'Aubert (2002) 36 MVR 542
Graham Andrew Richards (Plaintiff) PARTIES : Bronwyn Marcia Richards (First Defendant) Peter Clarke (Second Defendant) Motor Accidents Authority of New South Wales (Third Defendant)
FILE NUMBER(S) : SC 30037/05
COUNSEL : Mr T E F Hughes QC & Mr T D F Hughes (Plaintiff) Mr E G Romaniuk (First Defendant)
SOLICITORS : Dibbs Abbott Stillman (Plaintiff) Farrell Lusher (Defendants)
LOWER COURT JURISDICTION : Motor Accidents Authority
LOWER COURT FILE NUMBER(S) : 2003/12/0131/CD
LOWER COURT JUDICIAL OFFICER : Mr P Clarke
LOWER COURT DATE OF DECISION : 09/03/2006
- 13 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION Administrative Law List
Associate Justice Malpass
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