Smith v Carnival Plc trading as P&O Cruises Australia [2018] NSWSC 782

Supreme Court New South Wales

Medium Neutral Citation: Smith v Carnival Plc trading as P&O Cruises Australia [2018] NSWSC 782 Hearing dates: 27; 28 March and 6 April 2018 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Common Law Before: Campbell J Decision: (1) Judgment for the plaintiff in the sum of $445,372.00.

(2) The defendant to pay the plaintiff's costs.

(3) Liberty to the defendant to apply in respect of the costs order by lodging written submissions and any evidence relied on with my Chambers within 14 days.

(4) The plaintiff to have a further period of 14 days to respond. Catchwords: NEGLIGENCE – personal injury - duty of care – breach admitted - ceiling panelling collapsed onto plaintiff - C6-7 disc protrusion - chronic pain - chronic adjustment disorder with mixed anxiety and depressed mood – joint expert report - discord between expert's opinion of appropriate treatment for chronic pain - concurrent expert evidence - disc injury - not contradicted by surveillance or by academic performance - substantially corroboration by lay witnesses - treatment undergone - ongoing pain management - CT scan - MRI's - physiotherapy - facet joint injections - future treatment - surgical intervention - economic loss - past out of pocket expenses - superannuation loss - domestic assistance - interstate work aspirations Legislation Cited: Civil Liability Act 2002 (NSW), ss 13, 15, 16; Civil Procedure Act 2005 (NSW), s 140; Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Cases Cited: Graham v Baker (1961) 106 CLR 340; [1961] HCA 48; Scott v Telstra Corporation Ltd [2018] NSWSC 309; Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20 Category: Principal judgment Parties: Montana Smith (Plaintiff) Carnival Plc trading as P&O Cruises Australia (Defendant) Representation: Counsel: A Black SC and J Wilson (Plaintiff) B Hull (Defendant)