Licciardo v Hudson (No 2)

The plaintiff in Licciardo v Hudson (No 2) sought damages for injuries sustained in a motor vehicle accident caused by the defendants. The case was heard in the Supreme Court of New South Wales. The plaintiff's claim included various heads of damages, such as economic loss, pain and suffering, and loss of amenities of life. The defendants contested the amount of damages claimed, particularly the economic loss and the impact of the accident on the plaintiff's pre-existing condition of alcohol abuse.

The court had to determine the appropriate method for assessing the economic loss claimed by the plaintiff, specifically whether the plaintiff's pre-existing vulnerability to alcohol abuse was exacerbated by the effects of the accident, and how this affected the plaintiff's capacity to mitigate. Additionally, the court needed to consider the relevance of the insurer's refusal to pay for the plaintiff's treatment in assessing the economic loss.

The court held that the plaintiff's pre-existing condition of alcohol abuse was not exacerbated by the accident, and therefore, the plaintiff's capacity to mitigate was not affected. The court further held that the insurer's refusal to pay for the plaintiff's treatment was not relevant in assessing the economic loss. The court determined that the plaintiff was entitled to the full amount of the economic loss claimed, and awarded damages in the sum of $1,069,461. The defendants were ordered to pay the plaintiff's costs on the ordinary basis unless otherwise ordered.

The court also made orders for the return of the exhibits and granted liberty to apply for further orders if required. The Uniform Civil Procedure Rules 2005 provide that unless the court otherwise orders, a judgment or order is taken to be entered when it is recorded in the court's computerised court record system. Parties should note the time limit of fourteen days in Rule 36.16 for setting aside and variation of judgments or orders.