Harrison v Barnett [2017] NSWDC 288

District Court New South Wales

Medium Neutral Citation: Harrison v Barnett [2017] NSWDC 288 Hearing dates: 5, 6, and 7 September 2017 Date of orders: 24 October 2017 Decision date: 24 October 2017 Jurisdiction: Civil Before: Wilson SC DCJ Decision: 1 Judgment for the plaintiff in the sum of $271,042.00; 2 the defendant to pay the plaintiff's costs of the proceedings; 3 the scope and basis upon which the costs are to be paid is reserved; 4 that on or before 30 October 2017, the plaintiff to file and serve written submissions not exceeding five pages in length as to what the appropriate form the costs order should take and the reasons for same; 5 that on or before 6 November 2017, the defendant to reply to those submissions and that the defendant's submissions not exceed five pages in length; 6 I grant liberty to apply on three days' notice; 7 I direct that the Exhibits be returned after 28 days. Catchwords: MOTOR ACCIDENT CLAIM – exemption from Claims Assessment and Resolution Service on grounds of fraud – whether exemption justified in light of the defendant's conduct of the hearing – cost consequences DAMAGES – assessment – no issue of principle EXPERT EVIDENCE – bases of opinion – adoption of Code of Conduct GRATUITOUS DOMESTIC ASSISTANCE – whether claim affected by receipt of carer's pension. Legislation Cited: Civil Liability Act 2002 Civil Procedure Act 2005 Motor Accidents Compensation Act 1999 Uniform Civil Procedure Rules 2005 Cases Cited: Boral Bricks Pty Ltd v Cosmidis [2013] NSWCA 443 Campton v Centennial Newstan Pty Ltd (No 3). Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 Gordon v Troung (No 2) [2014] NSWCA164 Jones v Dunkel (1959) 101 CLR 298 Logar v Ambulance Service of New South Wales Sydney Region [2016] NSWDC 255 Mason v Demasi [2009] NSWCA 227 Metaxoulis v McDonalds Australia Limited [2015] NSWCA 95 Mount Isa Mines Ltd v Pusey [1970] HCA 60; (1970) 125 CLR 383 Category: Principal judgment Parties: Tulasi Harrison (Plaintiff) Kellie Barnett (Defendant) Representation: Counsel: Ms H Wall (Plaintiff) Mr J Turnbull SC (Defendant)