Rossiter v De Marco [2014] NSWDC 384

District Court New South Wales

Medium Neutral Citation: Rossiter v De Marco [2014] NSWDC 384 Hearing dates: 20 - 23 May 2014 Date of orders: 23 May 2014 Decision date: 23 May 2014 Jurisdiction: Civil Before: Neilson Decision: Judgment and verdict for the plaintiff against the defendant for $327,520.

Defendant to pay the plaintiff's costs on the usual basis until 23 January 2014 and thereafter on the indemnity basis Catchwords: CIVIL – Torts – Motor accident claim – Claim for pure mental harm – Assessment of damages only – Claim by plaintiff arising out of the death of her partner – Plaintiff suffered either PTSD or Adjustment Disorder – Ongoing disability for full time work in the hospitality industry – Plaintiff intending to work full time as her partner bore a child and mothered it, whilst either not working or working part time – Ability to work post injury affected by move from Wagga Wagga to Tuross Heads – Move therapeutic – Plaintiff entitled to full economic loss due to move. Legislation Cited: Civil Liability Act 2002 Workers Compensation Act 1987 Cases Cited: Plato Films Limited v Speidel [1961] AC1090 Category: Principal judgment Parties: Kathleen Rossiter (Plaintiff) Robert Mathew De Marco (Defendant) Representation: Counsel: Mr I Roberts SC (Plaintiff) Mr M Inglis (Plaintiff) Mr J Ryan (Defendant)

Solicitors: Commins Hendriks (Plaintiff) Sparke Helmore (Defendant) File Number(s): 2012/284005 Publication restriction: No