Munsie v Munsie [2012] NSWSC 479

Supreme Court New South Wales

Medium Neutral Citation: Munsie v Munsie [2012] NSWSC 479 Hearing dates: 14/05/2012 Decision date: 14 May 2012 Jurisdiction: Civil Before: Garling J Decision: (1) Pursuant to s 82(5) of the Civil Procedure Act 2005 the defendant to make a payment of $1.5 million to the plaintiff. (2) Defendant to pay the plaintiff's costs of the application. Catchwords: PRACTICE AND PROCEDURE - Order for interim payment of damages - Plaintiff requires new accommodation - Motor accident in Queensland - Damages assessed by Queensland law - Chapter 5 of Motor Accidents Compensation Act 1999 does not apply - Order not limited to established need Legislation Cited: Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Forster v Hunter New England Area Health Service [2010] NSWCA 106; 77 NSWLR 495 John Pfeiffer Pty Ltd v Rogerson [2003] HCA 36; 203 CLR 503 Sargent v South Western Area Health Service [2010] NSWSC 1506 Category: Principal judgment Parties: Kerry Rosalind Munsie Gregory Paul Munsie Representation: B Gross QC (plaintiff) K Rewell SC (defendant) Baker & Edmunds (plaintiff) Moray & Agnew (defendant) File Number(s): 2011/403513

EX TEMPORE Judgment 1The plaintiff, Kerry Munsie, applies by notice of motion filed 18 April 2012 for an order for the payment of part of the damages to which she claims she is entitled.

Facts 2On 14 October 2009 Mrs Munsie was severely injured in a motor vehicle accident which occurred on the Bruce Highway north of Mackay in Queensland. She was a passenger in a motor vehicle that left the road and overturned. She is a C6 incomplete tetraplegic. 3At the time of her accident, she was working as an organ tissue donor coordinator with one of the Area Health Services in Sydney. She lived with her husband and her children in her home, which they were buying at Loftus. The family was well settled there. The children went to school in the local area. Her husband worked and had, for more than 20 years, worked at a school that was within easy driving distance. 4The family home is now unsuitable for Mrs Munsie to live in without very significant alteration or perhaps reconstruction. The family have taken alternative rental accommodation at Miranda. The Miranda house is also largely unsuitable to accommodate the plaintiff. It is also a temporary arrangement. Living at Miranda has resulted in a significant disruption to the lives of, and the daily routine of, the Munsie family. This needs to come to an end as soon as is possible. 5As well, although the defendant's insurer has been paying expenses, Mrs Munsie claims she has commenced a rehabilitation program called "Walk On", with an organisation called Spinal Cord Injuries Australia. Although she has been engaged in that program for over 12 months, for some reason that is unexplained in the evidence, the defendant's insurer has not until very recently made payments for the costs of the program. 6Because of her injuries Mrs Munsie has not been able to return to work. This loss of income has placed Mrs Munsie and her family in a difficult financial position. Her evidence is that it is a daily struggle to make ends meet.