Geddes v Taleni

[2017] ACTSC 183

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Geddes v Taleni

Citation:

[2017] ACTSC 183

Hearing Dates:

17 July 2017 - 20 July 2017

DecisionDate:

24 July 2017

Before:

Elkaim J

Decision:

See paragraph [147]  

Catchwords:

TORTS – NEGLIGENCE – Contributory Negligence – Damages – whether the defendant breached his duty of care – nature and extent of injury – calculation of damages.

Legislation Cited:

Civil Wrongs Act 2004 (ACT)

Cases Cited:

Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320

Mason v Demasi [2009] NSWCA 227

Parties:

Ms Sarah Geddes (Plaintiff)

Mr Tomesina Taleni (Defendant)

Representation:

Counsel

Mr W Sharwood (Plaintiff)

Mr C Purdy (Defendant)

Solicitors

Snedden Hall & Gallop Lawyers (Plaintiff)

Moray & Agnew Lawyers (Defendant)

File Number:

SC 296 of 2015

ELKAIM J:

1. On 23 January 2013, a pedestrian (the plaintiff) was struck by a cyclist. She was injured. In this action, she seeks damages arising from her injuries.

1. The cyclist (the defendant) denies liability, alleges contributory negligence and challenges the quantum of damages sought by the plaintiff.

1. The plaintiff has claimed damages under the following heads: general damages; past and future economic loss; past and future medical expenses; and past and future domestic assistance.

Before the accident

1. The plaintiff was born in 1979 in Lismore in northern New South Wales. She generally did well at school but her final year, Year 12, was affected by her having glandular fever and a staph infection. She did not receive a very high Tertiary Entrance Rank (TER).

1. After school, the plaintiff had a selection of jobs. In 2000, she moved to Sydney to improve her employment position. She started work at the University of Sydney as an administrative assistant. In 2001, she met her future husband, Mr Walid El-Dik.

1. The plaintiff moved to an administrative position at ADT Tyco and then, in 2005, enrolled at the Canberra Institute of Technology and commenced an Advanced Diploma in Applied Science. She was also working at the Australian National University (“ANU”) as a Research Development Officer.

1. From 2007 to 2009, the plaintiff completed a Bachelor of Health Science at Charles Sturt University and a Masters of Public Health at the University of Wollongong.

1. The plaintiff and Mr El-Dik married in 2008.

1. The plaintiff continued working as a Research Development Officer until 2011, when she became a personal research assistant to Dr Kamalini Lokuge. In July 2012, the plaintiff commenced work as a Project Manager at the Crawford School of Public Policy.

1. Sometime in 2012, the plaintiff discovered that her husband had been unfaithful. They separated for a period and sought counselling.

1. There was a good deal of examination and cross-examination about a Mental Health Plan that had been prepared by Dr Ranji Perera as part of a referral to counselling services. The document can be found in Exhibit A, commencing at page 456. It is obvious that this document is inaccurate. Not only does the plaintiff disagree with much of its contents, but Dr Perera herself has confirmed its inaccuracy.…