Cressy v Miloriad

[2016] ACTSC 303

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Cressy v Miloriad

Citation:

[2016] ACTSC 303

Hearing Dates:

4, 5, 6, 10 October 2016

DecisionDate:

12 October 2016

Before:

Mossop AsJ

Decision:

See [129]

Catchwords:

PERSONAL INJURY – Motor vehicle accident – Assessment of damages – Pre-existing degenerative condition of the hip rendered symptomatic by accident – Likelihood of requirement for hip replacement in any event – Loss of chance of promotion – Loss of sick leave – Turns on own facts

Cases Cited:

Graham v Baker [1961] HCA 48; (1961) 106 CLR 340

Kennedy v Mangos [2001] ACTSC 92
Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164

Watts v Rake [1960] HCA 58; (1960) 108 CLR 158

Texts Cited:

Harold Luntz, Assessment of damages for personal injury and death (LexisNexis Butterworths, 4^th ed, 2001)

Parties:

Angela Cressy (Plaintiff)

Milosevic Miloriad (First Defendant)

NRMA Insurance (Second Defendant)

Representation:

Counsel

A Muller (Plaintiff)

J Pappas (Defendants)

Solicitors

Maliganis Edwards Johnson (Plaintiff)

Moray & Agnew (Defendants)

File Number:

SC 375 of 2015

MOSSOP AsJ:

Introduction

1. This case involves an assessment of damages arising out of a motor vehicle accident which occurred on 11 August 2011.  The plaintiff, Angela Cressy, was driving her vehicle to work on Bindubi Street in Aranda.  There was an accident involving four vehicles.  The vehicle driven by the first defendant collided with the rear of a white Holden Commodore, which in turn collided with the rear of the plaintiff’s vehicle, which in turn collided with a Subaru vehicle in front of hers.  Breach of duty was admitted.

1. The principle issue in the case was how, in the assessment of damages, to take account of the fact that the plaintiff had a degenerative right hip which would have required her to undergo a hip replacement in any event.  Notwithstanding some criticisms by counsel for the defendants of the plaintiff’s evidence, I do not consider that issues in the case turn on issues of reliability of her evidence.  I found her to be a reliable witness who gave frank evidence about her condition.

The plaintiff prior to the accident

1. The plaintiff was born in 1958 and was aged 52 at the date of the accident.  She was aged 58 at trial.  She lived in Sydney until 1968.  As a child she learnt classical ballet and continued that from around the age of seven until the age of 18.

1. She completed year 12 at Canberra High and moved to the south coast.  She worked in various shop assistant roles for around 12 months and then completed a secretarial course at the Milton Technical College.  In 1979 she returned to Canberra and worked as a legal assistant in the Attorney General’s Department.  In 1980 she travelled to and worked in Western Australia and the Northern Territory.  In 1981 she returned to the south coast where she worked in real estate.  Her son was born in 1982. 

1. Between 1984 and 1993 she was self-employed, operating a…