Nikolovski v Swaidan [2018] NSWDC 494

District Court New South Wales

Medium Neutral Citation: Nikolovski v Swaidan [2018] NSWDC 494 Hearing dates: 5 December 2018 Date of orders: 05 December 2018 Decision date: 05 December 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Note that the defendant was called outside court and there was no appearance. (2) Order that Paul Anthony Curtis be appointed as the tutor of Barry Nikolovski. (3) Judgment for the plaintiff in the sum of $338,000. (4) Order the defendant pay the plaintiff's costs. (5) Order that any funds recovered after payment of appropriate legal costs and costs of recovery either be held by the plaintiff's solicitor in trust for the plaintiff, or be paid into court to await further order. Catchwords: TORTS – intentional tort – damages – assessment – left eye Legislation Cited: Civil Liability Act 2002, s 3B Cases Cited: Croucher v Cachia [2016] NSWCA 132 Droga v Coluzzi [2000] NSWSC 1081 Hassan v Southern Meats Pty Ltd [2004] NSWSC 72 P v NSW Trustee and Guardian [2015] NSWSC 579 Category: Principal judgment Parties: Barry Nikolovski – plaintiff Ali Swaidan trading as King of the Pack Rockdale - defendant Representation: Counsel: Mr M McAuley - plaintiff

Solicitors: Paul A. Curtis & Co. Solicitors – plaintiff File Number(s): 2017/186672 Publication restriction: None

Judgment

A. Introduction 1. Barry Nikolovski lost the use of his left eye when he was hit with a wooden implement by Ali Swaidan. He sued for damages and obtained default judgment. This judgment concerns his ex parte application for assessment of damages.