Texpine Pty Ltd v Morris [2013] NSWDC 77

District Court New South Wales

Medium Neutral Citation: Texpine Pty Ltd v Morris [2013] NSWDC 77 Hearing dates: 12 April 2013 and subsequent written submissions Decision date: 31 May 2013 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the amount of $257,279.34, including pre-judgment interest in the sum of $51,271.84; 2.The defendant is to pay the plaintiff's costs of the proceedings 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 - motor vehicle accident in 1993 - action for recovery of damages paid to injured worker - s 151Z of Workers Compensation Act 1987 - whether limitation bar applies to claim - whether causation of injured worker's back disability established by plaintiff in accordance with requirements of s 5D of Civil Liability Act 2002 - notional damages assessed under repealed Motor Accidents Act 1988; DAMAGES -assessment of damages claimed by plaintiff Legislation Cited: Civil Liability Act 2002, s 5D Legal Profession Act 2004, s 347 Limitation Act 1969, s 14 Motor Accidents Act 1988 (repealed), s 72, s 79 Workers Compensation Act 1987, s 151Z Cases Cited: Adelaide Stevedoring Co Ltd v Forst [1940] HCA 45; (1940) 64 CLR 538 Grant v Royal Rehabilitation Centre Sydney [1999] NSWCA 250 Mason v Demasi [2009] NSWCA 227 Miller v Galderisi [2009] NSWCA 353 Category: Principal judgment Parties: Texpine Pty Ltd (Plaintiff) Jane Morris (Defendant) Representation: Mr J Catsanos (Plaintiff) Mr S Torrington (Defendant) Moray & Agnew (Plaintiff) Curwoods (Defendant) File Number(s): 2012/217952 Publication restriction: None