Ragg v Palmer [2016] NSWDC 14

District Court New South Wales

Medium Neutral Citation: Ragg v Palmer [2016] NSWDC 14 Hearing dates: 24 February 2016 Date of orders: 25 February 2016 Decision date: 25 February 2016 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: Judgment for the plaintiff for $608,305.53 Catchwords: Contributory negligence by 11 year old boy, assessment of damages Legislation Cited: Motor Accident Compensation Act 1999 Civil Liability Act 2002 Evidence Act 1995 Cases Cited: Roach v Page (No 11) [2003] NSWSC 907 T and X Company v Chivas [2014] NSWCA 235 Category: Principal judgment Parties: Dale William Ragg (Plaintiff) Calan Palmer (Defendant) Representation: Counsel: R Foord (Plaintiff) I Roberts SC (Defendant)

Solicitors: Farrell Lusher Solicitors (Plaintiff) Moray & Agnew (Defendant) File Number(s): 2010/00304162

Judgment 1. On 8 October 2008 the plaintiff was injured in a motor vehicle accident. He was then 11 years of age. He is now 19 years of age so that he is able to continue the proceedings in his own right. 2. The plaintiff says the defendant was at fault in the accident. The defendant agrees and has admitted breach of its duty of care to the plaintiff. The defendant however says that there was contributory negligence on the plaintiff's part, perhaps as much as 20%. The allegation arises from the plaintiff's admitted failure to wear a seatbelt. 3. The plaintiff seeks damages under the following heads: non-economic loss, past and future economic loss, past and future domestic assistance and medical expenses. 4. The action is governed by the Motor Accident Compensation Act 1999 (the "MACA"). Section 5R of the Civil Liability Act 2002 (the "CLA") has a part to play in the assessment of contributory negligence.