AB v Keanes [2019] NSWDC 693

District Court New South Wales

Medium Neutral Citation: AB v Keanes [2019] NSWDC 693 Hearing dates: 29-30 October 2019 Date of orders: 20 November 2019 Decision date: 20 November 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $77,768.31. (2) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed. (3) Liberty to the parties to apply within 14 days to vary the order in (2) above or to correct any mathematical errors in my calculations. (4) Exhibits to be returned in 28 days. (5) Pursuant to section 77 of the Civil Procedure Act 2005 (NSW), the amount referred to in order (1) is to be paid to the NSW Trustee and Guardian for investment on behalf of the plaintiff until she attains the age of 18 years. Catchwords: Torts – negligence – motor vehicle accident – liability not in issue – extent of injuries to child pillion passenger on a motorcycle – extent of residual disabilities and injuries in issue – whether plaintiff has established a need for past or future commercial or domestic assistance – whether a loss of future earning capacity established Legislation Cited: Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Cairncross v Hewagama [2018] NSWDC 166 Fegin bht Rozenauers v Lane Cove House Pty Ltd [2007] NSWCA 88 Graham v Baker (1961) 106 CLR 340 New South Wales v Moss (2000) 54 NSWLR 536 Russell v Rail Infrastructure Corporation [2007] NSWSC 447 Sretenovic v Reed [2009] NSWCA 280 Category: Principal judgment Parties: AB by her Tutor BB (Plaintiff) Lynette Keanes (Defendant) Representation: Counsel: A Canceri (Plaintiff) D Hanna (Defendant)