Kiiver and King

[2013] ACTSC 142

SARAH KIIVER v MELIAME LAGONI KING

[2013] ACTSC 142 (1 August 2013)

DAMAGES – personal injury – rear-end motor vehicle collision at low speed – whiplash associated disorder – history of depression prior to accident

Civil Law (Wrongs) Act s 45
Safety, Rehabilitation andCompensation Act 1988 (Cth) s 50

Blundell v Leighton [2013] ACTCA 1
Fox v Wood (1981) 148 CLR 438
Koeck v Persic (1996) Aust Torts Reports 81-386
Mahoney v J Kruschich (Demolitions) Pty. Ltd. (1985) 156 CLR 522
Shorey v PT Limited (2003) 77 ALJR 1104; 197 ALR 410
Waters v Dalli [2009] ACTSC 158

No. SC 200 of 2010

Judge:             Master Mossop           
Supreme Court of the ACT

Date:              1 August 2013

IN THE SUPREME COURT OF THE     )
  )          No. SC 200 of 2010
AUSTRALIAN CAPITAL TERRITORY )          

BETWEEN:  SARAH KIIVER

Plaintiff         

AND:  MELIAME LAGONI KING

Defendant

ORDER

Judge:  Master Mossop
Date:  1 August 2013
Place:  Canberra

THE COURT ORDERS THAT:

1. Judgment be entered for the plaintiff in the sum of $422,934.96.

1. Unless any party makes an application to be heard in relation to the question of costs before 4pm on 4 September 2013 the defendant is to pay the plaintiff’s costs of the proceedings as agreed or assessed.

1. There be the usual order as to interest.

1. This case involves an assessment of damages arising out of a motor vehicle accident on 28 March 2007.  The accident was a minor rear-end collision which occurred when the plaintiff was a passenger in a vehicle which was struck from behind whilst waiting to turn right from Anzac Parade into Parkes Way.  Liability was admitted.  There was a serious contest of the extent of damages.

1. The case was commenced by the plaintiff and then taken over, with the consent of the plaintiff, by Comcare and run in the plaintiff’s name pursuant to s 50 of the Safety, Rehabilitation andCompensation Act 1988 (Cth).

Facts

1. The plaintiff was born in 1971 and at the time of trial was 42 years old.  She arrived with her family in Australia in 1973 and attended Holt primary school.  She attended Merici College in Braddon and completed year 10 in 1986.  She then completed two years of a spray painting apprenticeship before working in an administrative capacity at a Canberra law firm for two years.  In January 1991 she went overseas for about two and half years and while overseas worked in the hospitality industry.  She returned to Australia in July 1993 and returned to work at the same law firm in Canberra, this time as the secretary to one of the partners.  She continued working there until 1998. 

1. During that time she purchased a house in Higgins and renovated the house.  That involved undertaking landscaping work and renovating the kitchen, laundry and toilets.  Some of this work was undertaken with the assistance of a friend or her father but it was mainly just her.  Examples of the work that she undertook included ripping up the carpets and plastering walls.  She said…