ECS Group (Australia) Pty Ltd v Hobby (No. 2)

[2014] NSWCA 203

Court of Appeal

New South Wales

Case Title:

ECS Group (Australia) Pty Ltd v Hobby (No. 2)

Medium Neutral Citation:

[2014] NSWCA 203

Hearing Date(s):

On the papers

Decision Date:

01 July 2014

Before:

Gleeson JA; Sackville AJA; McDougall J

Decision:

9. In lieu of Order 1 made by Mahony SC DCJ on 1 May 2013, verdict and judgment for the respondent (plaintiff) in the sum of $305,583.00.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Category:

Consequential orders

Parties:

ECS Group (Australia) Pty Ltd (Appellant / Cross-Respondent)
Rachel Hobby (Respondent / Cross-Appellant)

Representation

- Counsel:

Counsel:
R Cavanagh SC (Appellant / Cross-Respondent)
T Molomby SC / M Daly (Respondent / Cross-Appellant)

- Solicitors:

Solicitors:
McCulloch & Buggy Lawyers (Appellant / Cross-Respondent)
Brydens Compensation Lawyers (Respondent / Cross-Appellant)

File Number(s):

2013/164957

Decision Under Appeal

- Court / Tribunal:

District Court

- Before:

Mahony SC DCJ

- Date of Decision: 

01 May 2013

- Court File Number(s):

11/122035

Publication Restriction:

None

ORDER

1. THE COURT: Following the orders made by the Court on 16 June 2014, the parties have filed an agreed schedule of damages as follows:

   "Pursuant to Order 4 of the Judgment delivered on 16th June, 2014, the parties agree to the following Schedule of Damages as reflecting the reasons in the Judgment.

HEAD OF DAMAGE	AMOUNT
Non-Economic Loss	$75,000.00
Treatment Expenses	$1,995.00
Future Treatment Expenses	$15,000.00
Past Gratuitous Care (i) 14 hours per week x 18 months x $25.00 per hour = $27,300.00 (ii) 8 hours per week x 3.5 years x $25.00 per hour = $36,400.00	$63,700.00
Future Gratuitous Care 7 hours per week x 5 years x $27.70 per hour (multiplier of 231.5)	$44,888.00
Past Dependent Care	$45,000.00
Future Dependent Care	$30,000.00
Future Diminished Earning Capacity	$30,000.00
Total:	$305,583.00	"

1. Having regard to the agreed schedule, the following additional order should be made:

   9. In lieu of Order 1 made by Mahony SC DCJ on 1 May 2013, verdict and judgment for the respondent (plaintiff) in the sum of $305,583.00.

   **********