Pavlakis v Medical & Fitness Centre Pty Ltd [2012] NSWDC 193

District Court New South Wales

Medium Neutral Citation: Pavlakis v Medical & Fitness Centre Pty Ltd [2012] NSWDC 193 Hearing dates: 15/10/2012 Decision date: 19 October 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $273,264; 2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty 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: TORTS - negligence - occupier's liability; DAMAGES - assessment of claimed heads of damage - evaluation of evidence on probable survival of plaintiff for purposes of assessing future damages Legislation Cited: Civil Liability Act 2002, s 5D, s 15, s 16 Evidence Act 1995, s 60 Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Mt Isa Mines Ltd v Pusey [1970] HCA 60; (1970) 125 CLR 383 Watts v Rake [1960] HCA 58; (1960) 108 CLR 158 Category: Principal judgment Parties: Caroline Anne Pavlakis (Plaintiff) Medical & Fitness Centre Pty Limited (Defendant) Representation: Mr A Lidden SC with Mr J Reimer (Plaintiff) Mr S Torrington (Defendant) Brydens (Plaintiff) Hunt & Hunt (Defendant) File Number(s): 2011/278779 Publication restriction: None