Ridolfi v Hammond (No 2) [2012] NSWCA 67

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ridolfi v Hammond (No 2) [2012] NSWCA 67 Hearing dates: On written submissions Decision date: 04 April 2012 Before: Beazley JA at 1 Campbell JA at 2 Sackville AJA at 3 Decision: 1. Order that judgment be entered for the appellant in the sum of $243,406.62. 2. Order the respondent to pay the appellant's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DAMAGES - attendent care services - Motor Accidents Compensation Act 1999 s 128 - whether appellant satisfied statutory requirement that services must be provided for at least 6 hours per week. Legislation Cited: Civil Liability Legislation Amendment Act 2008 Motor Accidents Compensation Act 1999 Cases Cited: Hill v Forrester [2010] NSWCA 170 Miller v Galderisi [2009] NSWCA 353 Ridolfi v Hammond [2012] NSWCA 3 Category: Consequential orders Parties: George Ridolfi (Appellant) Lisa-Maree Hammond (Respondent) Representation: Ms S Norton SC and Ms M Fraser (Appellant) Mr R Bartlett SC and Mr W Fitzsimmons (Respondent) Brydens Law Office (Appellant) Sparke Helmore Lawyers (Respondent) File Number(s): 2010/81646 Decision under appeal Date of Decision: 2010-03-12 00:00:00 Before: Gibb DCJ File Number(s): 2201 of 2004