Nicholas by her Tutor Jones v Jimenez [2020] NSWDC 71

District Court New South Wales

Medium Neutral Citation: Nicholas by her Tutor Jones v Jimenez [2020] NSWDC 71 Hearing dates: 24-25 February 2020, 03-05 March 2020 Date of orders: 31 March 2020 Decision date: 31 March 2020 Jurisdiction: Civil Before: Weber SC DCJ Decision: Proposed Orders:

(1) That the tutor, Taleigha Jones, be removed as a tutor;

(2) That there be judgment and verdict for the defendant;

(3) That the plaintiff pay the defendant's costs on a full indemnity basis. Catchwords: TORTS – Negligence – motor vehicle accident – personal injury – whether compensable injury was suffered – whether plaintiff suffering from conversion disorder or malingering – case significantly determined by findings as to credit of plaintiff

DAMAGES – where claim for past care dependent on findings as to credit – where claim for out-of-pocket expenses dependent on claim for past care

PRACTICE – Removal of tutor

COSTS – Indemnity costs

Other matters – matter referred to appropriate authorities Legislation Cited: Civil Procedure Act 2005 No 28 (NSW) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: Dianne Nicholas (Plaintiff) Taleigha Jones (Tutor) Leanne Jimenez (Defendant) Representation: Counsel: Ms E. Welsh (Plaintiff) Mr G. Watson SC (Defendant) Ms C. Allan (Defendant) Solicitors: Bryden's (Plaintiff) Hall and Wilcox (Defendant) File Number(s): 2018/207435 Publication restriction: None