Lu v Heinrich [2014] NSWCA 349

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lu v Heinrich [2014] NSWCA 349 Hearing dates: 4 April 2014 Decision date: 14 October 2014 Before: McColl JA at [1], Basten JA at [93], Sackville AJA at [135] Decision: (1) Appeal allowed. (2) Set aside the orders made in the District Court on 12 November 2012. (3) Remit the matter to the District Court for a new trial limited to damages. (4) Cost of the first trial to be in the discretion of the judge presiding at the second trial. (5) Respondent to pay the appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act 1951 (NSW) if otherwise qualified. [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 - damages - motor vehicle accident - plaintiff injured when stationary motor vehicle he was driving struck from behind by respondent's vehicle - liability admitted - no contributory negligence - extent of appellant's physical and psychiatric injuries in dispute - conflicting medical reports - primary judge rejected plaintiff's contentions as to extent of physical injuries and existence of causal connection between any psychiatric condition and - whether primary judge's reasons engaged with plaintiff's medical case - whether process of fact finding miscarried