Mark WOOD v Brad McKENZIE [2013] NSWDC 89

District Court New South Wales

Medium Neutral Citation: Mark WOOD v Brad McKENZIE [2013] NSWDC 89 Hearing dates: 27-31 May 2013 Decision date: 03 June 2013 Before: Murrell SC DCJ Decision: See paragraphs 70-74 Catchwords: CIVIL- Motor vehicle accident- non-economic loss- traumatic brain injury- impaired vision- residual earning capacity- whether Lifetime Care and Support Authority responsible for out-of-pocket expenses incurred prior to joinder- deductions from cost of fund management. Legislation Cited: Motor Accidents (Lifetime Care and Support Act) 2006, ss 3, 6, 7, 8 & 9 Motor Accidents Compensations Act 1999, ss 5, 126, 130A & 131-134 Cases Cited: Gray v Richards (No 2) [2011] NSWSC 1502 Hodgson v Crane [2002] NSWCA 276 Kallouf v Middis [2008] NSWCA 61 Knight v Government Insurance Office of NSW [1995] NSWCA 246 Purkess v Crittenden(1965) 114 CLE 164 Watts v Rake (1960) 108 CLR 158 Category: Principal judgment Parties: Mark Wood Brad McKenzie Representation: Mr Stone (Plaintiff) Ms James (Plaintiff) Mr Reynolds (Defendant) Mr O'Dowd (CGU) JMA Lawyers (Plaintiff) McInnes Lawyers (Defendant) File Number(s): 2012/53231

Judgment

Background 1On 4 September 2009, the plaintiff was a front seat passenger in a vehicle that was travelling on a work-related journey. The vehicle was involved in an accident with another vehicle. There was a heavy impact to the passenger side. As a result, the plaintiff sustained multiple injuries to his left side, including a severe traumatic brain injury. On 25 June 2012 he became an interim participant in the Lifetime Care and Support Scheme (LTCS) established under the Motor Accidents (Lifetime Care and Support Act) 2006 (the LTCS Act). By that stage, CGU Workers Compensation (NSW) Ltd (CGU), the workers compensation insurer for the plaintiff's employer, had met the plaintiff's out-of-pocket expenses of $189,726.00, including the cost of a left hip replacement. 2CGU was granted leave to intervene as a party. 3Liability was admitted. The Court was asked to assess damages.