Burton v Sterling Group Services Pty Ltd [2013] NSWDC 304

District Court New South Wales

Medium Neutral Citation: Burton v Sterling Group Services Pty Ltd [2013] NSWDC 304 Decision date: 15 November 2013 Before: Cogswell SC DCJ Decision: (1) Judgment for the plaintiff against both defendants in the sum of $456,188. (2) Order the defendants to pay the plaintiff's costs. Catchwords: CIVIL LAW - Evidence - plaintiff's credibility - absent witness - plaintiff's account of accident well supported - extent of disability attributable to accident - impact on physical, psychological and psychiatric - capacity for working and for domestic activity seriously compromised - damages. Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), Ch 6. Motor Accidents Compensation Regulation 2005 (NSW), Sch 1 and 2. Cases Cited: Jones v Dunkel [1959] HCA 8; 101 CLR 298; ALR 367. Category: Principal judgment Parties: Karen Burton (Plaintiff) Sterling Group Services Pty Ltd, Shaun A'Bell (Defendants) Representation: Counsel: A J Lidden SC, E Welsh (Plaintiff) J D McDonald (Defendants) File Number(s): DC 2013/00120411

Judgment

Introduction 1I am giving judgment in a case about a woman who was injured in a traffic accident. Her car was hit from behind by a truck. She sued the driver and the truck owner for damages and they have admitted liability. So the case is about how much her damages should be. 2The woman claims that she was significantly injured in the accident and that those injuries have had an extensive impact on her life, her employability, her ability to manage day-to-day tasks as well as necessary expenses for her treatment. 3The main issues in the case concern the extent of her disabilities, whether they were brought about by the accident and how much in damages should be awarded. 4The woman's name is Karen Burton and she is the plaintiff. The truck owner is Sterling Group Services Pty Ltd and the driver at the time was Shaun A'Bell and they are the defendants. The accident happened on 20 March 2008. Ms Burton was represented by Mr A J Lidden SC and Ms E Welsh and the defendants were represented by Mr J D McDonald. 5The case was conducted before me over the last three days of October. The witnesses in the plaintiff's case were Ms Burton herself, her daughter Nicole Jeffreys and her son Christopher Burton. The defendants did not call any witnesses. Both parties tendered exhibits. 6From the pleadings and the addresses at the end of the case it seems to me that I need to resolve the following issues on the way to entering a verdict. (a) The credibility of Karen Burton and her daughter Nicole Jeffreys, as well as the absence as a witness of her daughter, Jodie. (b) The extent of Karen Burton's injuries and disabilities and their connection with the accident. (c) The amount of any damages which should be awarded for: * past out-of-pocket expenses * future out-of-pocket expenses * past loss in earning capacity, including superannuation * future loss in earning capacity, including superannuation * past attendant care services * future attendant care services. 7I have read my notes of the evidence (there was no transcript) and the exhibits. I do not propose to recount the evidence apart from referring to it where necessary.