Uluc by his tutor Uluc v Cakir [2018] NSWDC 3

District Court New South Wales

Medium Neutral Citation: Uluc by his tutor Uluc v Cakir [2018] NSWDC 3 Hearing dates: 28 September 2017 Date of orders: 18 January 2018 Decision date: 18 January 2018 Jurisdiction: Civil Before: Wilson SC DCJ Decision: (a) judgment for the plaintiff in the sum of $84.60; (b) the question of costs is reserved both as to scope and as to by whom they ought to be paid (if anyone); (c) any party wishing to make an application in respect of costs is to file and serve a Notice of Motion and an Affidavit in support within 28 days. The Motion should reference the legislative or other provisions (if any) upon which the order is sought. A copy of the filed Motion(s) and Affidavit(s) are to be emailed to my Associate. The parties should also indicate whether they are content for the Motion(s) to be dealt with in Chambers or wish a further date to be set for the hearing of the Motion(s); (d) order (c) is to be dispensed with in the event that the order for costs is agreed between the parties. If agreement is reached then Short Minutes of Order can be sent by email to my Associate within 28 days and the orders will thereafter be made in Chambers; (e) in the event that an application for a costs order is not made and agreement not reached then the default order will be no order as to costs; (f) Exhibits to be returned. Catchwords: MOTOR ACCIDENT – damages for personal injury – mental harm – where plaintiff was 3½ months of age and has no memory of the accident MENTAL HARM – meaning of – whether suffered by plaintiff CAUSATION – where plaintiff's condition (if any) caused by mother's reaction to motor accident Legislation Cited: Civil Liability Act 2002 Evidence Act 1995 Motor Accidents Compensation Act 1999 Texts Cited: Diagnostic and Statistical Manual of Mental Disorders 5th Edition (DSM-5) Category: Principal judgment Parties: Atiligan Uluc by his tutor Tayfun Uluc (Plaintiff) Ahu Cakir (Defendant) Representation: Counsel: Mr H Marshall SC (Plaintiff) Mr B Hull (Defendant)