State of New South Wales v Adlington [2015] NSWDC 119

District Court New South Wales

Medium Neutral Citation: State of New South Wales v Adlington [2015] NSWDC 119 Decision date: 27 March 2015 Jurisdiction: Civil Before: COGSWELL SC DCJ Decision: 1. Verdict and judgment entered for the plaintiff against the defendant in the sum of $91,366.03. 2. Interest is payable on the judgment amount by the defendant to the plaintiff in the agreed sum of $17,842.50. 3. The defendant is to pay the plaintiff's costs on the ordinary basis up to and including 14 July 2014 and on an indemnity basis from 15 July 2014. Catchwords: CIVIL LAW – negligence – personal injury – motor vehicle accident – workers' compensation – notional assessment of damages – causation – whether injuries arising out of the accident – threshold for non-economic loss – 30% of a most extreme case Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Act 1988 (NSW), s 79A Workers Compensation Act 1987 (NSW), s 151Z Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333 Multicon Engineering v Federal Airports (1997) 47 NSWLR 631 State of New South Wales v Moss [2000] NSWCA 13; 54 NSWLR 536 Category: Principal judgment Parties: State of New South Wales (Plaintiff) John Adlington (Defendant) Representation: Counsel: Mr N Kelly (Plaintiff) Mr J Turnbull (Defendant)

Solicitors: Moray & Agnew Lawyers (Plaintiff) Holman Webb Lawyers (Defendant) File Number(s): 2014/00069532