Cook v Siperki

[2022] NSWDC 665

District Court

New South Wales

Medium Neutral Citation:

Cook v Siperki [2022] NSWDC 665

Hearing dates:

31 October 2022-3 November 2022

Date of orders:

3 November 2022

Decision date:

03 November 2022

Jurisdiction:

Civil

Before:

Neilson DCJ

Decision:

1. I give verdict and judgment for the plaintiff against the defendant for $1,086,414.48.

2. I order the defendant to pay the plaintiff’s costs on the ordinary basis to 14 September 2022, and thereafter on an indemnity basis.

Catchwords:

CIVIL – PERSONAL INJURY – MOTOR ACCIDENT – LIABILITY – QUANTUM – CONTRIBUTORY NEGLIGENCE – Defendant’s failure to keep a proper lookout when exiting driveway onto main road – Motorcyclist exceeding speed limit when travelling on main road – Inability of motorcyclist to take proper evasive action prior to collision – Major personal injury to the right leg.

CIVIL – PERSONAL INJURY – MOTOR ACCIDENT – QUANTUM – Economic loss – Non-economic loss – Inability of the Plaintiff to regain proper employment in fields with relevant experience – Inability of Plaintiff to find suitable work.

Legislation Cited:

Motor Accident Injuries Act 2017 (NSW)

Road Rules 2014 (NSW)

Cases Cited:

Fox v Wood (1981) 148 CLR 438

Nominal Defendant v Green [2017] NSWCA 280

Podbrebersek v Australian Iron & Steel Pty Ltd [1985] HCA 34

Stuart v Walsh [2012] NSWCA 186; (2012) 61 MVR 271

Texts Cited:

Nil.

Category:

Principal judgment

Parties:

Plaintiff – Jason Matthew Cook
Defendant – Nicole Siperki

Representation:

Counsel:
Plaintiff - Mr B. Dooley SC and Mr S. Hunt
Defendant – Mr J. Turnbull SC and Ms S. Warren
Solicitors:
Plaintiff – Don Cameron & Associates
Defendant – Holman Webb Lawyers

File Number(s):

2021/00364314

Publication restriction:

Nil.

Judgment

Judgment

Background

Liability

Geography

Preceding the collision

The collision

The Defendant’s description of the collision

The Plaintiff’s description of the collision

Mr Bathis’ description of the collision

Consideration

Quantum

Plaintiff’s background

The Plaintiff’s speeding and truck driving

The Plaintiff’s predominant work

The Plaintiff’s medical history

Consideration

Order

Background

1. HIS HONOUR: The Plaintiff, Mr Jason Matthew Cook, brings an action for damages for personal injury which he sustained when the motorcycle he was riding collided with a motor vehicle being driven by the Defendant, Ms Nicole Stephanie Siperki. The collision occurred on Sunday 11 August 2019 on Dallinger Road, East Lavington.

2. The proceedings have been highly contentious. One result of the injuries sustained by the Plaintiff is that he suffered an amputation of his right leg above the knee. At the time of the collision, the Plaintiff was 45 years old. At that time, the Defendant was 27 years old. The Plaintiff submits that he is entitled to a finding of negligence on the part of the Defendant and concedes that there has been some contributory negligence, which his counsel submits the Court would find in the area of between 20% and 25%. The Defendant submits that there should be no finding of negligence against her, but if the Court does so find, the extent of the Plaintiff's contributory negligence should be…