ARNOLD v HANCOCK & ORS [2006] NSWSC 156

New South Wales Supreme Court

CITATION : ARNOLD v HANCOCK & ORS [2006] NSWSC 156

HEARING DATE(S) : 30.5.05-6.6.05

JUDGMENT DATE : 24 March 2006

JUDGMENT OF : Hulme J at 1

DECISION : Orders deferred

PARTIES : Jason Arnold Ken Hancock, John Hill practising as Hancock Alldis

FILE NUMBER(S) : SC 20397/02

Plaintiff: W Kearns SC; T Boyd COUNSEL : Defendant: P Maiden Cross Defendant: M Windsor

Plaintiff: Herbert Weller SOLICITORS : Defendant: Hunt & Hunt Cross Defendant: PricewaterhouseCoopers Legal

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

HULME J Friday, 24 March 2006

20397/02 Jason ARNOLD v Ken HANCOCK, Practising as HANCOCK ALLDIS & ORS

JUDGMENT 1 HULME J: The nature of the case is such that there is virtue in dividing these reasons into sections and, so far as possible, trying to separate various areas of evidence and issues. Comprehensive and watertight division is not possible but the following headings and paragraph references will provide some guide:- 1. Introduction and the circumstances in which the Plaintiff was injured. 2 2 The Documentary Records and Communications between the Plaintiff and Mr Honeyman – June 1994 to late 1995. 27 3 Legal Fees and Correspondence re Retainer Termination. 69 4 The October 1994 and November 1995 conferences – the Plaintiff. 90 5 The October 1994 and November 1995 conferences – Mr Dodd. 111 6 The October 1994 and November 1995 conferences – Mr Honeyman. 142 7. Other evidence – Mr Dodd. 159 8 Other evidence – Mr Honeyman. 170 9 The Plaintiff's Evidence concerning events circa 1996. 181 10 Pre-accident circumstances of the Plaintiff. 189 11 Post-accident circumstances of the Plaintiff. 193 12 The Plaintiff's Traffic and Custodial History. 209 13 Medical and Other Reports about the Plaintiff. 219 14 Earnings and Earning Capacity. 235 15 1999 and Later Events. 243 16 Expert Legal Reports 244 17 Conclusions. 251 18 Damages if assessed in February 2000 353 19 Damages in 2006 383 20 Apportionment 399