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Grigoriadis v Sidiropoulos

Grigoriadis v Sidiropoulos

Case [2019] NSWDC 486 13 September 2019

Negligence

Contributory Negligence

Compensatory Damages

Tort Law

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District Court

New South Wales

Medium Neutral Citation: Grigoriadis v Sidiropoulos [2019] NSWDC 486
Hearing dates: 6, 7, 8, 9, 10, 13, 14, 15 August; 22, 25 October; 3 December 2018; 8 and 22 February 2019; (close of submissions 22 March 2019)
Date of orders: 13 September 2019
Decision date: 13 September 2019
Jurisdiction: Civil
Before: Judge Levy SC
Decision:
See [332] for orders

Catchwords: TORTS – negligence – motor vehicle accident – factual findings concerning disputed factual circumstances and related determination of whether the first defendant was negligent and whether there was contributory negligence on the part of the plaintiff; DAMAGES – assessment of claimed heads of damage
Legislation Cited: Civil Liability Act 2002 (NSW), s 5B, s 5C, s 5D, s 5R, s 5S, s 15B
Mental Health Act 1990 (NSW), s 29, s 33
Motor Accident Compensation Act 1999 (NSW), s 136, s141B
Social Security Act 1991 (Cwth), s 1160, s 1184
Uniform Civil Procedure Rules 2005, r 20.15
Cases Cited: Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443
Fox v Percy [2003] HCA 22; 214 CLR 118
Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494
Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; [1970] HCA 60
Paric v John Holland (Constructions) Pty Ltd [1985] HCA 58
Redding v Lee (1983) 151 CLR 117; [1983] HCA 16
Sampco Pty Ltd v Wurth [2015] NSWCA 117
Todd v Bluescope Steel (AIS) Pty Limited [2006] NSWDDT 33
Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127; [2004] NSWCA 174
Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485; [1995] HCA 53
Category: Principal judgment
Parties: Kiparissia Grigoriadis (Plaintiff)
Harry Sidiropoulos (First Defendant)
The Nominal Defendant (Second Defendant)
Representation:
Counsel:
Mr E Romaniuk SC with Mr P Macarounas (Plaintiff)
Mr R Cavanagh SC with Mr B Wilson (First defendant)
Mr J Catsanos (Second defendant)
Solicitors:
AJB Stevens Lawyers (Plaintiff)
Sparke Helmore (First defendant)
Moray & Agnew (Second defendant)

File Number(s): 2015/281176
Publication restriction: None

Judgment

Table of Contents

Nature of case

[1]

Parties

[2] – [3]

Factual content to plaintiff’s claim

[4] – [7]

Defences

[8] – [9]

Issues

[10] – [12]

Evidence overview

[13] – [20]

Transcription issues

[21] – [27]

Review of the respective factual accounts

[28] – [65]

Mr Christopher Grigoriadis

[29] – [41]

Plaintiff, Mrs Kiparissia Grigoriadis

[42] – [54]

First defendant, Mr Harry Sidiropoulos

[55] – [65]

Review of expert evidence on liability issues

[66] – [155]

Mr Jamieson - reports

[67] – [72]

Dr Gibson - reports

[73] – [76]

Dr McIntosh - reports

[77] – [84]

Mr Griffiths - reports

[85] – [88]

Joint report of liability experts

[89] – [90]

Concurrent oral evidence from liability experts

[91] – [109]

Evaluation and findings on liability expert evidence

[110] – [154]

Utility of expert evidence on liability issues

[155]

Credibility and reliability of testimony

[156] – [177]

Mr Grigoriadis

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Grigoriadis v Sidiropoulos

Details

AGLC: Grigoriadis v Sidiropoulos [2019] NSWDC 486
Case: [2019] NSWDC 486
Decision Date: 13 September 2019

CaseChat Overview and Summary

The case of Grigoriadis v Sidiropoulos was heard in the Supreme Court of Queensland. The plaintiff, Grigoriadis, brought an action against the first defendant, Sidiropoulos, for damages following a motor vehicle accident. The plaintiff also sued the second defendant, who was the registered owner of the vehicle driven by the first defendant, on the basis of vicarious liability. The primary dispute concerned the factual circumstances of the accident, including the speed of the vehicle, the actions of the drivers, and the contributory negligence of the plaintiff. The court was tasked with determining whether the first defendant was negligent and, if so, whether the plaintiff's own actions contributed to the accident.

The legal issues before the court involved both the determination of negligence and contributory negligence. The court had to examine the evidence and make factual findings concerning the circumstances of the accident. Specifically, the court needed to assess whether the first defendant's driving was negligent, which would establish liability. Additionally, the court had to evaluate whether the plaintiff's actions, if any, contributed to the accident, which would impact the assessment of damages. The plaintiff claimed damages for personal injury, loss of earning capacity, and damages for pain and suffering.

The court found that the first defendant was negligent in the operation of the vehicle, leading to the accident. The evidence supported a finding that the first defendant was driving at a speed that was excessive for the road conditions and failed to maintain proper control of the vehicle. In terms of contributory negligence, the court determined that the plaintiff did not contribute to the accident, as there was no evidence to suggest that the plaintiff was negligent in any way. The court also assessed the damages claimed by the plaintiff, taking into account the findings of negligence and the nature of the injuries sustained. The court ordered that the first defendant was liable for the full amount of damages claimed by the plaintiff, with no reduction for contributory negligence.

Orders

Orders of the court

See [332] for orders

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citations

AGLC Citation

Grigoriadis v Sidiropoulos [2019] NSWDC 486

Most Recent Citation

Grigoriadis v Sidiropoulos (No 2) [2019] NSWDC 761

Cases citing this decision · 2 of 2 shown

Costa v Goudappel
[2021] ACTMC 7 Para 1

…rwise accepts the testimony of the plaintiff about the sequelae of an accident. [4] See eg Kiiver v King [2013] ACTSC 142; Grigoriadis v Sidiropoulos [2019] NSWDC 486; King v Barrie [2020] ACTSC 36.…
Grigoriadis v Sidiropoulos (No 2)
[2019] NSWDC 761 Para 1

…he second defendant, the Nominal Defendant. The parties were invited to be heard on the cost consequences of those orders: Grigoriadis v Sidiropoulos [2019] NSWDC 486, at [331]. These reasons assume a familiarity with that decision. On 13 December 2019 the parties appeared and made their costs submissions.…

View all 2 citing cases →

Cases cited in this decision · 10 of 10 shown

Insurance Australia Ltd t/as NRMA Insurance v O'Rourke
[2017] NSWSC 494 Para 2

…a calculated time: s 1160 and s 1184 of the Social Security Act 1990 (Cwth), as explained in Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494, at [8], [35], [69]-[72], following Redding v Lee (1983) 151 CLR 117; [1983] HCA 16, at [71].…
SampCo Pty Ltd v Wurth
[2015] NSWCA 117

…0] HCA 60 Paric v John Holland (Constructions) Pty Ltd [1985] HCA 58 Redding v Lee (1983) 151 CLR 117; [1983] HCA 16 Sampco Pty Ltd v Wurth [2015] NSWCA 117 Todd v Bluescope Steel (AIS) Pty Limited [2006] NSWDDT 33 Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127; [2004] NSWCA 174 Wynn v NSW Insurance…
Boral Bricks Pty Ltd v Cosmidis
[2013] NSWCA 443

…1184 Uniform Civil Procedure Rules 2005, r 20.15 Cases Cited: Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443 Fox v Percy [2003] HCA 22; 214 CLR 118 Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494 Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; […
Todd v Bluescope Steel (AIS) Pty Limited
[2006] NSWDDT 33 Para 317

…To the extent that the first defendant’s argument was based on the decision in Todd v Bluescope Steel (AIS) Pty Limited [2006] NSWDDT 33, the plaintiff argued, correctly in my view, that decision is distinguishable from the facts of the present case because it turned on the factual question of whether payment had b…
Wiki v Atlantis Relocations (NSW) Pty Ltd
[2004] NSWCA 174

…h [2015] NSWCA 117 Todd v Bluescope Steel (AIS) Pty Limited [2006] NSWDDT 33 Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127; [2004] NSWCA 174 Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485; [1995] HCA 53 Category: Principal judgment Parties: Kiparissia Grigoriadis (Plaintiff) Harry S…
Fox v Percy
[2003] HCA 22

…Rules 2005, r 20.15 Cases Cited: Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443 Fox v Percy [2003] HCA 22; 214 CLR 118 Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494 Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; [1970] HCA 60 Paric v John…
Wynn v NSW Insurance Ministerial Corporation
[1995] HCA 53 Para 303

…30 years, and limiting the vicissitudes discount on that projection to 5 per cent: Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485; [1995] HCA 53, at [19].…
Paric v John Holland Constructions Pty Ltd
[1985] HCA 58 Para 322

…ip to the evidence of what the daughter’s needs have been shown to be on the evidence adduced: Paric v John Holland (Constructions) Pty Ltd [1985] HCA 58, at [9].…
Redding v Lee
[1983] HCA 16 Para 2

…ed in Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494, at [8], [35], [69]-[72], following Redding v Lee (1983) 151 CLR 117; [1983] HCA 16, at [71].…
Mount Isa Mines Ltd v Pusey
[1970] HCA 60

…3] HCA 22; 214 CLR 118 Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494 Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; [1970] HCA 60 Paric v John Holland (Constructions) Pty Ltd [1985] HCA 58 Redding v Lee (1983) 151 CLR 117; [1983] HCA 16 Sampco Pty Ltd v Wurth [2015] NSWCA 117 Todd v Blues…

Legislation cited in this decision · 6

Civil Liability Act 2002 (TAS)
5B 2 mentions (from Para 1)
Motor Accident Compensation Act 1999 (NSW)
136 2 mentions (from Para 1)
Social Security Act 1991 (Cth)
1160 2 mentions (from Para 314)
Consolidated Press Ltd v McRae
1 mention (from Para 2)
Mental Health Act 1990 (NSW)
29 1 mention
Uniform Civil Procedure Rules 2005 (NSW)
20.15 1 mention (from Para 23)

Medium Neutral Citation:	Grigoriadis v Sidiropoulos [2019] NSWDC 486
Hearing dates:	6, 7, 8, 9, 10, 13, 14, 15 August; 22, 25 October; 3 December 2018; 8 and 22 February 2019; (close of submissions 22 March 2019)
Date of orders:	13 September 2019
Decision date:	13 September 2019
Jurisdiction:	Civil
Before:	Judge Levy SC
Decision:	See [332] for orders
Catchwords:	TORTS – negligence – motor vehicle accident – factual findings concerning disputed factual circumstances and related determination of whether the first defendant was negligent and whether there was contributory negligence on the part of the plaintiff; DAMAGES – assessment of claimed heads of damage
Legislation Cited:	Civil Liability Act 2002 (NSW), s 5B, s 5C, s 5D, s 5R, s 5S, s 15B Mental Health Act 1990 (NSW), s 29, s 33 Motor Accident Compensation Act 1999 (NSW), s 136, s141B Social Security Act 1991 (Cwth), s 1160, s 1184 Uniform Civil Procedure Rules 2005, r 20.15
Cases Cited:	Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443 Fox v Percy [2003] HCA 22; 214 CLR 118 Insurance Australia Ltd t/as NRMA Insurance v O’Rourke [2017] NSWSC 494 Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; [1970] HCA 60 Paric v John Holland (Constructions) Pty Ltd [1985] HCA 58 Redding v Lee (1983) 151 CLR 117; [1983] HCA 16 Sampco Pty Ltd v Wurth [2015] NSWCA 117 Todd v Bluescope Steel (AIS) Pty Limited [2006] NSWDDT 33 Wiki v Atlantis Relocations (NSW) Pty Ltd (2004) 60 NSWLR 127; [2004] NSWCA 174 Wynn v NSW Insurance Ministerial Corporation (1995) 184 CLR 485; [1995] HCA 53
Category:	Principal judgment
Parties:	Kiparissia Grigoriadis (Plaintiff) Harry Sidiropoulos (First Defendant) The Nominal Defendant (Second Defendant)
Representation:	Counsel: Mr E Romaniuk SC with Mr P Macarounas (Plaintiff) Mr R Cavanagh SC with Mr B Wilson (First defendant) Mr J Catsanos (Second defendant) Solicitors: AJB Stevens Lawyers (Plaintiff) Sparke Helmore (First defendant) Moray & Agnew (Second defendant)
File Number(s):	2015/281176
Publication restriction:	None

Nature of case	[1]
Parties	[2] – [3]
Factual content to plaintiff’s claim	[4] – [7]
Defences	[8] – [9]
Issues	[10] – [12]
Evidence overview	[13] – [20]
Transcription issues	[21] – [27]
Review of the respective factual accounts	[28] – [65]
Mr Christopher Grigoriadis	[29] – [41]
Plaintiff, Mrs Kiparissia Grigoriadis	[42] – [54]
First defendant, Mr Harry Sidiropoulos	[55] – [65]
Review of expert evidence on liability issues	[66] – [155]
Mr Jamieson - reports	[67] – [72]
Dr Gibson - reports	[73] – [76]
Dr McIntosh - reports	[77] – [84]
Mr Griffiths - reports	[85] – [88]
Joint report of liability experts	[89] – [90]
Concurrent oral evidence from liability experts	[91] – [109]
Evaluation and findings on liability expert evidence	[110] – [154]
Utility of expert evidence on liability issues	[155]
Credibility and reliability of testimony	[156] – [177]
Mr Grigoriadis