Pitt v Campbell [2019] NSWDC 14

District Court New South Wales

Medium Neutral Citation: Pitt v Campbell [2019] NSWDC 14 Hearing dates: 6 and 7 February 2019 Date of orders: 15 February 2019 Decision date: 15 February 2019 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $21,639.85. (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 $3,639.85 be paid out to the plaintiff's solicitors on their undertaking to pay any unpaid out-of-pocket expenses and reimburse the plaintiff's father for past out-of-pocket expenses paid by him. (4) Order pursuant to s 77(4) of the Civil Procedure Act 2005 that the balance of the monies in court of $18,000 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 – motor vehicle accident – past out-of-pocket expenses – future out-of-pocket expenses – future loss of earning capacity – buffer – s 126 Motor Accidents Compensation Act 1999

DAMAGES - future domestic assistance and care – certificate regarding medical assessment matter – s 61(2) Motor Accidents Compensation Act 1999 – plaintiff precluded from recovering damages for future domestic care and assistance Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allianz Australia Insurance Limited v Girgis [2011] NSWSC 1424 Insurance Australia Limited v Scott [2016] NSWCA 138. State of NSW v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 Category: Principal judgment Parties: Stella Pitt by her next friend Ara Arzoumanian (Plaintiff) Janis Helen Campbell (Defendant) Representation: Counsel: F D Curran (Plaintiff) J Gumbert (Defendant)