O'Neill v Liddle [2012] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: O'Neill v Liddle [2012] NSWCA 267 Hearing dates: 10 August 2012 Decision date: 29 August 2012 Before: Macfarlan JA at [1] Barrett JA at [2] Sackville AJA at [3] Decision: 1. Appeal allowed in part. 2. Set aside the verdict and judgment for the respondent in the sum of $555,510. 3. In lieu thereof enter verdict and judgment for the respondent in the sum of $517,783. 4. Appeal otherwise dismissed. 5. The appellant pay 80 per cent of the respondent'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: MOTOR ACCIDENTS - collision at intersection - plaintiff's vision obscured by the sun - defendant found to be liable but plaintiff contributorily negligent - whether findings were erroneous - whether finding that plaintiff's responsibility was 55 per cent was erroneous - whether damages in respect of loss of earning capacity and attendant care services correctly assessed. Legislation Cited: Civil Liability Act 2005 Motor Accidents Compensation Act 1999 Cases Cited: Joslyn v Berryman [2003] HCA 34; 214 CLR 552 Liftronic Pty Ltd v Unver [2001] HCA 24; 179 ALR 321 Manley v Alexander [2005] HCA 79; 223 ALR 228 Pledge v Roads and Traffic Authority [2004] HCA 13; 205 ALR 56 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34; 59 ALR 529 Sibley v Kais [1967] HCA 43; 118 CLR 424 State of New South Wales v Moss [2000] NSWCA 133; 54 NSWLR 536 Category: Principal judgment Parties: Margaret Clare O'Neill (Appellant) Haylee Elizabeth Liddle (Respondent) Representation: Counsel: K Rewell SC and J Guihot (Appellant) P Semmler QC and A Johnson (Respondent) Solicitors: Moray & Agnew (Appellant) Whitley, Ironside & Shillington (Respondent) File Number(s): 2011/341908 Decision under appeal Date of Decision: 2011-09-29 00:00:00 Before: A M Blackmore SC DCJ File Number(s): 18/2009 (Orange Registry)