Kakoschke v Draper

The plaintiff, Kakoschke, sought damages from the defendant, Draper, following a motor vehicle accident that occurred in May 2015. The plaintiff claimed compensation for psychiatric illness, loss of future income, and other damages resulting from the accident. The case was heard and determined in the District Court of New South Wales. The primary issue before the court was whether the psychiatric illness suffered by the plaintiff was caused by the accident and, if so, what quantum of damages should be awarded. A secondary issue was whether the plaintiff's loss of future income was attributable to the accident or other factors.

The court considered the evidence presented regarding the psychiatric illness, which included expert testimony from psychiatrists, and the nature of the accident. It noted that the plaintiff had suffered from depression and anxiety prior to the accident but that these conditions had worsened following the incident. The court found that the accident was a significant contributing factor to the exacerbation of the plaintiff's psychiatric condition and that the plaintiff had established causation on the balance of probabilities. In determining the appropriate quantum of damages, the court referred to previous cases such as Purkess v Crittenden and Watts v Rake and considered the severity and impact of the plaintiff's condition. The court awarded damages for the psychiatric illness and loss of future income, taking into account the evidence presented and the guidelines set out in the Civil Liability Act 2003. The court ultimately found in favour of the plaintiff, awarding judgment and damages.