Moran v Nominal Defendant [2008] NSWSC 804

New South Wales Supreme Court

CITATION : Moran v Nominal Defendant [2008] NSWSC 804

HEARING DATE(S) : 27-31 August, 24 September 2007

JUDGMENT DATE : 13 August 2008

JURISDICTION : Common Law Division

JUDGMENT OF : Hislop J

DECISION : (1) Verdict and judgment for the plaintiff in the sum of $6,515,818.42. (2) The judgment sum, less the deductions referred to in para [88], to be paid into court pending further order. (3) The defendant to pay the plaintiff's costs.

CATCHWORDS : COMMON LAW - personal injury - assessment.

Arthur Robinson (Grafton) Pty Ltd v Carter (1967-68) 122 CLR 649 CASES CITED : Teuma v CP & PK Judd Pty Ltd [2007] NSWCA 166 Geaghan v D'Aubert [2002] NSWCA 260 Malec v J C Hutton Pty Ltd (1990) 169 CLR 638

PARTIES : Renate Moran by her tutor Tanya Carlson (Plaintiff) Nominal Defendant (Defendant)

FILE NUMBER(S) : SC 20329/06

COUNSEL : DA Wheelahan QC/E Romaniuk (Plaintiff) DJ Russell SC/BA Batchelor (Defendant)

SOLICITORS : Keddies (Plaintiff) Sparke Helmore (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

Wednesday 13 August 2008

20329/06 RENATE MORAN by her tutor TANYA CARLSON v THE NOMINAL DEFENDANT

JUDGMENT

Introduction 1 The plaintiff is a married woman, born on 14 October 1950. On 24 August 2003 she was a pillion passenger on a motorcycle which crashed when a bus encroached upon its path. 2 The plaintiff sustained significant closed head injuries in the accident as well as an avulsion injury to the left brachial plexus, fractured left radius and ulna, and a fractured left styloid. She was unconscious when conveyed by ambulance from the scene of the accident to the Prince of Wales Hospital. 3 The plaintiff's recovery was slow and incomplete. She was transferred from the Intensive Care Unit at the Prince of Wales Hospital to the Neurological Ward on 15 September 2003. She was transferred from the Prince of Wales Hospital to Sutherland Hospital on 15 October 2003. She came out of her comatose state on 3 November 2003. On 9 December 2003 she was transferred to the Brain Injury Rehabilitation Unit, Liverpool Hospital for further inpatient rehabilitation. After a period of weekend home visits, becoming more frequent and extending to Fridays and Mondays later in her convalescence, the plaintiff was finally discharged home from the Unit on 10 June 2004. She has continued to reside at home with her husband (Mr Moran) since that time. 4 As a consequence of the accident, the plaintiff suffers from the effects of a significant brain injury with cognitive and memory deficits. She has diplopia, a slight paralysis of the left side of the face and left hemiparesis. Her left arm is completely paralysed and she suffers neuropathic pain in that limb. She is right handed. She has a limited capacity to walk using a quadstick and generally uses a wheelchair to mobilise outside the house. She suffers bouts of despondency and depression and at times becomes angry, moody and uncooperative. She does not, however, engage in antisocial or risk-taking behaviour. 5 The defendant has admitted breach of duty. Accordingly, the proceedings are before the Court for the assessment of damages only. The plaintiff did not give evidence at the hearing. The defendant took no point in this regard. 6 During the course of the proceedings the parties reached agreement as to a number of heads of damage. That agreement is recorded in the parties' "Joint Statement of Agreed Heads of Damage" which I have initialled and placed with the court file. The remaining heads of damage are the subject of dispute and are considered hereunder.