Gordon v Truong

In *Gordon v Truong*, the New South Wales Court of Appeal considered an appeal and cross-appeal concerning damages awarded following a motor vehicle accident. The primary dispute revolved around the assessment of damages for commercial domestic assistance and the question of contributory negligence by the plaintiff pedestrian.

The court was required to determine whether the trial judge erred in finding no contributory negligence on the part of the plaintiff, specifically in relation to the plaintiff's failure to use a pedestrian crossing and to keep a proper lookout. Additionally, the court had to assess whether gratuitous domestic assistance currently provided to the plaintiff would continue, a crucial factor in calculating damages under the *Motor Accidents Compensation Act 1999* (NSW).

The Court of Appeal allowed both the appeal and the cross-appeal, setting aside the original District Court judgment and costs order. The court substituted a new judgment, ordering the defendant to pay the plaintiff damages of $265,934, effective from the date of the original judgment. No order was made as to the costs of the appeal proceedings, with parties granted leave to make further submissions regarding the calculation of the judgment, any variation of costs orders, and the costs of the District Court proceedings.