McKenzie v Wood [2015] NSWCA 142

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McKenzie v Wood [2015] NSWCA 142 Hearing dates: 18 May 2015 Decision date: 18 May 2015 Before: Ward JA at [1]; Leeming JA at [1]; Sackville AJA at [1] Decision: 1. Appeal allowed in respect of grounds 6 and 7, and otherwise dismissed. 2. Costs to be dealt with upon submissions being made. 3. Direct that the parties prepare draft minutes of order to reflect the Court's reasons and that any submissions in relation to the matters identified by the respondent be served within 21 days, with a response from the appellants within 7 days thereafter. If the matter cannot be resolved by agreement, then the matter will be dealt with on the papers. Catchwords: DAMAGES - personal injury - liability conceded - challenge to inclusion of cost of hip replacement - plaintiff suffering from early primary osteoarthritis prior to accident - accident caused hip replacement to become urgent - challenge to assessment of non-economic loss - challenge to allowance of 15% for vicissitudes - no appellable error shown to be established - no question of principle Legislation Cited: District Court Act 1973 (NSW), s 127 Uniform Civil Procedure Rules 2005 (NSW) Pt 51, rr 51.18, 51.36 Cases Cited: Berkeley Challenge Pty Ltd v Howarth [2013] NSWCA 370 Gray v Richards (No 2) [2011] NSWSC 1502 Hall v State of New South Wales [2014] NSWCA 154 House v The King (1936) 55 CLR 499 Purkess v Crittenden (1965) 114 CLR 164 Thiering v Daly [2013] NSWCA 25 Warren v Coombes (1979) 142 CLR 531 Watts v Rake (1960) 108 CLR 158 Category: Principal judgment Parties: Brad McKenzie (Appellant) Mark Wood (Respondent) Representation: Counsel: S Harben SC (Appellant) A Stone, K James (Respondent)