Tyron Vance v Stephen Chambers [2016] NSWDC 79

District Court New South Wales

Medium Neutral Citation: Tyron Vance v Stephen Chambers [2016] NSWDC 79 Hearing dates: 22 – 25 February 2016 Decision date: 13 May 2016 Jurisdiction: Civil Before: Mahony SC DCJ Decision: Judgment for the plaintiff. For orders see [187] Catchwords: Assessment of damages Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588 Miller v Galderisi [2009] NSWCA 353 Penrith City Council v Parkes [2004] NSWCA 2001 Sampco Pty Ltd v Wurth [2015] NSWCA 117 Texts Cited: Motor Accident Authority Permanent Impairment Guidelines (Ed 1 Oct 2007) Category: Principal judgment Parties: Tyron Vance (Plaintiff) Stephen Chambers (Defendant) Representation: Counsel: D A Wheelahan QC with G Radburn (Plaintiff) A C Casselden (Defendant)

Solicitors: Somerville Laundry Lomax Lee & Lyons Lawyers File Number(s): 13/145633 Publication restriction: Nil

Judgment 1. The plaintiff claims damages for injuries received by him in a motor vehicle accident that occurred on 8 August 2011, when he was a passenger in a vehicle being driven by the defendant on Sandon River Beach, on the north coast of New South Wales. Liability for the plaintiff's injuries has been admitted by the defendant, and the parties have further agreed that the plaintiff contributed to his own injuries by his own contributory negligence, by failing to wear a properly fitted and secured seatbelt, and by voluntarily becoming a passenger in the vehicle when he was under the influence of alcohol. The deduction from any award of damages for the plaintiff's own contributory negligence is agreed at 25 per cent. 2. The parties further agreed that, as a result of the MAS assessment process, the plaintiff suffered a whole person impairment of 25% for physical injuries, and a whole person impairment of 6% for psychiatric injuries. 3. The parties have also agreed that the plaintiff's past treatment expenses amount to $14,700.00. Of that, the defendant's seek a credit, pursuant to s 83 of the Motor Accidents Compensation Act 1999 (NSW) ("MACA") of $805.00.