Douglas v Douglas

District Court

New South Wales

Medium Neutral Citation:

Douglas v Douglas [2020] NSWDC 169

Hearing dates:

29 & 30 April

Date of orders:

06 May 2020

Decision date:

06 May 2020

Jurisdiction:

Civil

Before:

Judge Levy SC

Decision:

1. Verdict and judgment for the plaintiff against the defendant in the sum of $172,527.20;

 

2. The defendant is to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered;

 

3. The Registry is to return the exhibits to the parties after the expiry of 28 days;

 4. Liberty to apply on 7 days’ notice if further or other orders are required.

Catchwords:

TORTS – injuries received in a motor vehicle accident – liability admitted; DAMAGES – assessment of claimed heads of damage

Legislation Cited:

Evidence Act 1995 (NSW), s 60
Motor Accidents Compensation Act 1999 (NSW), s 136

Cases Cited:

Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13
Brown v Lewis [2006] NSWCA 87
Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25
Graham v Baker (1961) 106 CLR 340; [1961] HCA 48
Medlin v State Government Insurance Commission (1995) 182 CLR 1; [1995] HCA 5
Penrith City Council v Parks [2004] NSWCA 201
State of NSW v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536
Wynn v NSW Insurance Ministerial Corporation [1995] HCA 53; (1995) 184 CLR 485

Category:

Principal judgment

Parties:

Caitlin Douglas (Plaintiff)
Brighid Douglas (Defendant)

Representation:

Counsel:
Mr D Morgan (Plaintiff)
Ms S Warren (Defendant)

  Solicitors:
Chadwick Lawyers (Plaintiff)
McCabe Curwood (Defendant)

File Number(s):

2019/86834

Publication restriction:

None

Judgment

Table of Contents

Nature of case and issues to be determined	[1]
Factual background	[2]
Credibility and reliability of testimony	[3]
Facts	[4] – [23]
Plaintiff’s background circumstances	[5] – [6]
Plaintiff’s pre-accident health	[7] – [8]
Accident circumstances	[9]
Injuries and treatment	[10] – [12]
Subsequent medical and allied reviews	[13]
Conclusions from the medical reports	[14]
Disabilities	[15] – [18]
Work effects	[19]
Domestic effects	[20]
Mitigation	[21]
Plaintiff’s most likely circumstances but for injury	[22] – [23]
Assessment of damages	[24] – [49]
Future loss of earning capacity	[25] – [39]
Future domestic assistance	[40] – [43]
Future treatment expenses	[44] – [46]
Past out-of-pocket expenses	[47] – [48]
Summary of damages assessment	[49]
Disposition	[50]
Costs	[51]
Orders	[52]

Nature of case and issues to be determined

1. These proceedings concern the assessment of the plaintiff’s damages for injuries she received in a motor vehicle accident for which the defendant has admitted liability. The proceedings are governed by the Motor Accidents Compensation Act 1999 (NSW) (“MAC Act”).

Factual background

2. At about 6.36pm on Monday, 24 October 2016, the plaintiff, Caitlin Douglas, then a Year 11 High School student, was a front seat passenger in a motor vehicle being driven by the defendant, her twin sister Ms Brighid Douglas, along Donnells Creek Road, Moruya, New South Wales. That vehicle left the roadway and collided with a tree after the defendant experienced an involuntary sneeze. The collision caused the…