Thiering v Daly [2011] NSWSC 1345

Supreme Court New South Wales

Medium Neutral Citation: Thiering v Daly [2011] NSWSC 1345 Hearing dates: 29/08/2011; 30/08/2011 Decision date: 11 November 2011 Jurisdiction: Common Law Before: Garling J Decision: (a)The plaintiff is to bring in Short Minutes of Order. The proposed short minutes are to be filed and served within seven days of the date of judgment. (b)If any party disagrees with the plaintiff's proposed short minutes of order, then that party is to file and serve any proposed short minutes of order within 14 days of the date of judgment. (c)Within 21 days of the date of judgment, each party is to file and serve such written submissions as they wish with respect to the proposed short minutes of order, including any submissions as to costs. (d)Proceedings listed for further hearing on any outstanding matters arising from the short minutes of order and submissions at 9.15am on Friday 9 December 2011. (e)Liberty to apply on 24 hours' notice. (f)Filing of the short minutes of order and submissions is to take place electronically to my Associate. Catchwords: PRACTICE AND PROCEDURE - Determination of separate questions - Whether a determination of the proposed set of questions will facilitate the just, quick and cheap resolution of the proceedings - Plaintiff catastrophically injured in motor vehicle accident - Assessment of damages detailed and complex - Clarifying legal basis of determining damages will assist parties - Promotion of settlement

STATUTORY INTERPRETATION - Damages - Personal injury proceedings - Motor vehicle accident - Whether Motor Accidents (Lifetime Care and Support) Act 2006 abolished damages pursuant to s128 Motor Accidents Compensation Act 1999 - No clearly expressed intention to abolish damages for gratuitous attendant care services - Statutory expectation that attendant care services will be provided as part of Lifetime Care and Support Scheme