Better Alternative Transport Pty Ltd v The Nominal Defendant [2013] NSWDC 178

District Court New South Wales

Medium Neutral Citation: Better Alternative Transport Pty Ltd v The Nominal Defendant [2013] NSWDC 178 Hearing dates: 3 September 2013 Decision date: 24 September 2013 Jurisdiction: Civil Before: Sidis ADCJ Decision: 1Verdict and judgment for the plaintiff in the sum of $330,823.90. 2The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis to 8 July 2013 as agreed or assessed. The defendant is to pay the plaintiff's costs on the indemnity basis from and including 9 July 2013 as agreed or assessed. 3The exhibits are returned. 4My reasons are published. Catchwords: PERSONAL INJURY: Claim for indemnity by employer of injured worker - motor vehicle accident - causation - whether subsequent incident causative of aggravation of original injury - liability for further injury suffered in course of rehabilitation - effect of unrelated psychiatric illness on income earning capacity of worker. Legislation Cited: Motor Accidents Compensation Act 1999 Workers Compensation Act 1987 Cases Cited: Mahony v J Kruschich (Demolitions) Pty Ltd & Anor (1985) 156 CLR 522; (1985) 59 ALR 722. State Government Insurance Commission v Oakley (1990) ATR 81-003 (WASC). Category: Principal judgment Parties: Better Alternative Transport Pty Ltd - Plaintiff The Nominal Defendant - Defendant Representation: A. Combe - Plaintiff S Torrington - Defendant Rankin Ellison Lawyers - Plaintiff Curwoods Lawyers - Defendant File Number(s): 2011/24239001 Publication restriction: Nil