Heang v Tran [2016] NSWDC 188

District Court New South Wales

Medium Neutral Citation: Heang v Tran [2016] NSWDC 188 Hearing dates: 25 August 2016 Date of orders: 26 August 2016 Decision date: 26 August 2016 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the plaintiff in the sum of $660,545;

2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered;

3. The exhibits may be returned;

4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – negligence – occupier's liability; DAMAGES – assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5B, s 5D, s 15, s 16 Evidence Act 1995, s 60 Uniform Civil Procedure Rules 2005, r 12.7(2) Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Category: Principal judgment Parties: Meng Khim Heang (Plaintiff) Ngoc Son Tran t/as Thien An Fresh Fruit (Defendant) Representation: Counsel: Mr MJ Perry (Plaintiff) No appearance for the Defendant

Solicitors: AC Lawyers (Plaintiff) No appearance for the Defendant File Number(s): 2015/71292 Publication restriction: None

Judgment

Table of Contents Nature of case [1] Procedural background [2] – [3] Facts [4] – [11] Assessment of claimed heads of damage [12] – [37] Non-economic loss [13] – [17] Past economic loss [18] – [19] Past loss of superannuation [20] Future economic loss [21] – [25] Future loss of superannuation [26] Past domestic assistance [27] – [29] Future domestic assistance [30] – [32] Future treatment expenses [33] – [35] Past out-of-pocket expenses [36] Summary of damages assessment [37] Disposition [38] Costs [39] Orders [40]