Dang v Chea [2013] NSWCA 80

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dang v Chea [2013] NSWCA 80 Hearing dates: 13/02/2013 Decision date: 17 April 2013 Before: McColl JA at [1] Preston CJ of LEC at [2] Garling J at [3] Decision: (1) Appeal upheld. (2) Judgment of Balla DCJ set aside. (3) Order that the parties file agreed short minutes of order within 7 days of the judgment to reflect these reasons for judgment. If the parties are unable to agree on the orders to be made, then each party is to file their proposed orders together with a written submission in support of the orders for which they contend within 14 days of the judgment. (4) Respondent to pay the appellant's costs of the appeal. (5) Order that the respondent, if otherwise entitled, be granted a certificate under the Suitors' Fund Act 1951. [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 - motor vehicle accident - liability admitted. DAMAGES - whether the award for future accommodation and care was reasonable - the proportionate relationship between the health benefits obtained and future costs incurred - purpose of award of damages to fulfil reasonable, not ideal, requirements - no issue of general principle. Legislation Cited: Suitors Fund Act 1995 Cases Cited: Arthur Robinson (Grafton) Pty Ltd v Carter [1968] HCA 9; (1968) 122 CLR 649 Chulcough v Holley (1968) 41 ALJR 336 Sharman v Evans [1977] HCA 8; (1977) 138 CLR 563 McNeilly v Imbree [2007] NSWCA 156; (2007) 47 MVR 536 Category: Principal judgment Parties: Thi Hue Chi Dang (Appellant) Siv Chea by tutor Chea Meng Ngo (Respondent) Representation: Counsel: K P Rewell SC / A J Stone (Appellant) S Norton SC / E E Welsh (Respondent) Solicitors: McCourts Solicitors (Appellant) Brydens Law Office LP (Respondent) File Number(s): 2012/172578 Decision under appeal Citation: Siv Chea by her tutor Chea Meng Ngo v Thi Hue Chi Dang Date of Decision: 2012-05-04 00:00:00 Before: Balla DCJ File Number(s): 2011/62695