Glen v Sullivan [2015] NSWCA 191

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Glen v Sullivan [2015] NSWCA 191 Hearing dates: 26 June 2015 Decision date: 09 July 2015 Before: Beazley P at [1]; Ward JA at [2]; Sackville AJA at [3] Decision: 1. Appeal dismissed. 2. The appellant pay the respondent's costs of the appeal. Catchwords: DAMAGES – motor vehicle accident - pre-existing psychiatric condition – whether aggravation of pre-existing psychiatric condition ceased before trial – primary Judge finds that any aggravation of the pre-existing condition ceased before the trial – application of Watts v Rake and Purkess v Crittenden – whether the defendant had onus of adducing evidence that the causal relationship between the accident and the continuing disabilities had ceased – whether defendant satisfied that onus Legislation Cited: Civil Liability Act 2002 (NSW), s 5D Motor Accidents Compensation Act 1999 (NSW), s 131 Cases Cited: Glen v Sullivan (District Court, 6 June 2014, unrep) Purkess v Crittenden [1965] HCA 34; 114 CLR 164 Ridolfi v Hammond [2012] NSWCA 3 Seltsam Pty Ltd v Ghaleb [2005] NSWCA 208 Watts v Rake [1960] HCA 58; 108 CLR 158 Category: Principal judgment Parties: Anna Glen (Appellant) Norman Patrick Sullivan (Respondent) Representation: Counsel: R Sheldon SC / Ms E Welsh (Appellant) K Rewell SC/ Ms M Kumar (Respondent)

Solicitors: Brydens Compensation Lawyers (Appellant) QBE In House Legal Claims (Respondent) File Number(s): 2014/189383 Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Civil Date of Decision: 6 June 2014 Before: Letherbarrow SC DCJ File Number(s): 2013/230823