Cairncross v Hewagama [2018] NSWDC 166

District Court New South Wales

Medium Neutral Citation: Cairncross v Hewagama [2018] NSWDC 166 Hearing dates: 20 and 21 June 2018 Date of orders: 25 June 2018 Decision date: 25 June 2018 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $28,250. (2) Order pursuant to s 77(2) of the Civil Procedure Act 2005 that the judgment sum be paid into court. (3) Order pursuant to s 77(4) of the Civil Procedure Act 2005 that the sum of $1,000 be paid out to the plaintiff's solicitor on his undertaking to repay or reimburse the past out-of-pocket expenses. (4) Order pursuant to s 77(4) of the Civil Procedure Act 2005 that the balance of monies in court of $27,250 be paid out to the NSW Trustee & Guardian for management until the plaintiff turns 18. (5) Order the defendant to pay the plaintiff's costs. (6) Liberty to approach my Associate within 7 days if either party seeks a different costs order. Catchwords: DAMAGES – future treatment – future loss of earning capacity - buffer Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Russell v Rail Infrastructure Corporation [2007] NSWSC 447 Nominal Defendant v Gardikiotis [1996] HCA 53 Category: Principal judgment Parties: Britney Cairncross bhnf Glen Cairncross (plaintiff) Sashini Charuka Hewagama (defendant) Representation: Counsel: T Hickey (plaintiff) D Petrushnko (defendant)