Croizet v Shustov [2017] NSWDC 331

District Court New South Wales

Medium Neutral Citation: Croizet v Shustov [2017] NSWDC 331 Hearing dates: 23, 24, 25 and 27 October 2017 Date of orders: 20 November 2017 Decision date: 20 November 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: In respect of the claim for Nervous Shock: (1) Judgment for the plaintiff in the sum of $664,241.00. (2) The defendant to pay the plaintiff's costs.

In respect of the claim under the Compensation to Relatives Act 1897 (NSW): (1) Judgment for the plaintiff in the sum of $780,000 with such sum to be apportioned as follows: (a) Payment of the sum of $762,000.00 to Selina Croizet. (b) Payment of the sum of $6,000.00 to Daniel Croizet. (c) Pursuant to ss 75-77 Civil Procedure Act 2005 (NSW), payment of the sum of $12,000.00 being the sum to which Lewis Croizet is entitled to the Trust Account of the plaintiff's solicitors, Stiles Lawyers, with such sum to be invested in an appropriate Trustee investment by those solicitors and to be paid to Lewis Croizet upon his reaching the age of 18 years old with any appropriate interest earned thereon. (2) Defendant to pay the plaintiff's costs. Catchwords: TORT – nervous shock - plaintiff brings claim for damages following the death of her husband in traumatic circumstances near her home – admission of breach of duty of care – contributory negligence by the deceased - quantification of non-economic loss for severe psychiatric disabilities – no issue of principle Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B(2)(a), 5R and 5S Compensation to Relatives Act 1897 (NSW) Law Reform (Miscellaneous Provisions) Act 1965 (NSW), s 9 Motor Accidents Compensation Act 1999 (NSW), s 138 Road Rules 2014 (NSW), rr 138, 140, 141, 144 and 150 Cases Cited: Bitupave Ltd t/as Boral Asphalt v Pillinger [2015] NSWCA 298 Crown v Panetta (1997) 26 MVR 332 Kraus v Sartori [2016] NSWDC 102 Podrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34 South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 Zilio v Lane [2009] NSWDC 226 Category: Principal judgment Parties: Plaintiff: Selina Croizet Defendant: Leon Shustov Representation: Counsel: Plaintiff: Mr W M Fitzsimmons Defendant: Ms M A Kumar