Kerney v Mead & Anor [2011] NSWSC 518

Supreme Court New South Wales

Medium Neutral Citation: Kerney v Mead & Anor [2011] NSWSC 518 Hearing dates: 16 - 18 May 2011 Decision date: 03 June 2011 Jurisdiction: Common Law Before: Garling J Decision: (1) Judgment for the plaintiff in a sum to be calculated. (2) Direct that the parties confer with a view to agreeing the proper sum to be calculated for damages in accordance with these reasons for judgment. (3) In the event that the parties are unable to agree, direct that each party is to file on or before Friday, 24 June 2011, the short minutes of order for which each party contends, together with any evidence upon which each party relies to support the orders for which it contends, and submissions which it wishes to make in respect of those orders. (4) Such documents are to be filed electronically with my Associate. (5) Stand proceedings over for further submissions to Tuesday, 5 July 2011 at 9.30am. Catchwords: DAMAGES - Personal injury - No point of principle - Measure of damages - Orthopaedic injuries and psychiatric condition - Economic loss - Whether residual earning capacity established - Onus - Individual circumstances in the labour market - Whether lost business opportunities Legislation Cited: Civil Liability Act 2002 Fair Work (Transitional Provisions & Consequential Amendments) Act 2009 (Cth) Motor Accidents Compensation Act 1999 Cases Cited: Haines v Bendall (1991) 172 CLR 60 Hodgson v Crane (2002) 55 NSWLR 199 Jones v Dunkel (1959) 101 CLR 298 Kallouf v Middis [2008] NSWCA 61 Magnou v Australian Wool Testing Authority Ltd [2007] NSWCA 357 Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 MBP (SA) Ltd v Gogic (1991) 171 CLR 657 Nominal Defendant v Livaja [2011] NSWCA 121 Rabay v Bristow [2005] NSWCA 199 Silverbrook Research Pty Ltd v Lindley [2010] NSWCA 357 Skelton v Collins (1966) 115 CLR 94 State of NSW v Moss (2000) 54 NSWLR 536 Todorovic v Waller (1981) 150 CLR 402 Texts Cited: Luntz, Assessment of Damages for Personal Injury and Death (4th ed) Category: Principal judgment Parties: Bruce Walter Edward Kerney (P) John Mead (D1) Scott Staden-Gaffney (D2) Representation: Counsel: A Lidden SC, E Welsh (P) K Rewell SC (D1+D2) Solicitors: Brydens Law Office (P) Sparke Helmore Lawyers (D1+D2) File Number(s): 2009/297723