Patel v Casey [2019] NSWCA 285

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Patel v Casey [2019] NSWCA 285 Hearing dates: 15 November 2019 Date of orders: 27 November 2019 Decision date: 27 November 2019 Before: Basten JA at [1]; Leeming JA at [68]; Barrett AJA at [69] Decision: (1) Allow the appeal and set aside the order and judgment given on 12 June 2019 in the District Court. (2) Order that there be a new trial in the District Court dealing with the plaintiff's claim for damages, including the costs of the first trial. (3) Order that the respondent pay the appellant's costs in this Court. (4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: TORTS – damages – motor vehicle accident – plaintiff sustained lower back injury – whether plaintiff also sustained injury to neck – few initial complaints of neck injury – whether trial judge addressed the significant medical evidence – adequacy of findings of reliability of plaintiff – reasoning insufficient to justify conclusion

TORTS – damages – quantification of loss of earnings – calculation of lost earnings based on workers compensation payments – lack of evidence of actual earnings – whether residual earning capacity properly assessed – basis of trial judge's calculations not specified – matter remitted to District Court Legislation Cited: District Court Act 1973 (NSW), ss 4, 44 Motor Accidents Compensation Act 1999 (NSW), s 131; Pt 3.4 Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Category: Principal judgment Parties: Ripalkumar Ramez Hbahai Patel (Appellant) Ramona Anne Casey (Respondent) Representation: Counsel: Mr K Rewell SC (Appellant) Mr R McIlwaine SC / Mr R Quickenden (Respondent)