O'Toole v Temelkovska [2012] NSWDC 88

District Court New South Wales

Medium Neutral Citation: O'Toole v Temelkovska [2012] NSWDC 88 Hearing dates: 19/06/2012 Decision date: 20 June 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff against the defendant in the assessed amount of $40,887.28; 2.Pursuant to s 77 of the Civil Procedure Act 2005, the judgment amount of $40,887.28 less the amount of $39.10 to be paid to the Health Insurance Commission, is to be paid to the NSW Trustee and Guardian, to be invested on behalf of the plaintiff until she reaches the age of 18 years; 3.The defendant is to pay the plaintiff's costs of the proceedings, such costs to be assessed on the ordinary basis, unless otherwise ordered; 4.The exhibits may be returned; 5.Liberty to the parties to apply on 7 days notice if further orders are required. [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 - assessment of damages under the Civil Liability Act 2002 - teenage girl suffered full thickness burn to scalp and resultant scarring caused by hairdresser applying chemicals and heat to her hair to achieve streaks Legislation Cited: Civil Liability Act 2002, s 15, s 16 Civil Procedure Act 2005, s 77 Category: Principal judgment Parties: Erin Rose O'Toole by her Tutor Shelley O'Toole (Plaintiff) Olivia Temelkovska t/as Pink Sugar Hair & Beauty (Defendant) Representation: Mr R Hanrahan (Plaintiff) No appearance for the defendant Gerard Malouf & Partners (Plaintiff) No appearance for the defendant File Number(s): 2011/413465 Publication restriction: None