Macri v Bilich - [2004] WADC 133

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION: PERTH

CITATION: MACRI -v- BILICH [2004] WADC 133

CORAM: EATON DCJ

HEARD: 18 FEBRUARY 2004

DELIVERED : 30 JUNE 2004

FILE NO/S: CIV 1934 of 2000

BETWEEN: ANGELO MACRI
Plaintiff
AND
PETER MORRIS BILICH
Defendant

Catchwords:

Damages - Negligence - Motor vehicle accident - Personal injuries - Assessment - 4-year-old male child at the time of the accident - Post traumatic stress disorder - Turns on own facts

Legislation:

Nil

Result:

Award of damages $20,000

Representation:

Counsel:

Plaintiff: Mr A S Stavrianou
Defendant: Mr B C Sierakowski

Solicitors:

Plaintiff: Stoddart & Co
Defendant: Brian C Sierakowski

Case(s) referred to in judgment(s):

Jones v Dunkel (1959) 101 CLR 298
March v E & MH Stramare Pty Ltd & Anor (1991) 171 CLR 506
Tubemakers of Australia Ltd v Fernandez (1976) 10 ALR 303

Case(s) also cited:

Baines v Liveris [2003] WADC 238
Bennett v Minister of Community Welfare (1992) 176 CLR 408
Durmanich v Charnaud [2003] WADC 181
Dyjak v Kelly, unreported; SCt of WA; Library No 940269; 25 May 1994
Harmony Shipping Co SA v Saudi Europe Line Ltd [1979] 3 All ER 177
Metropolitan Properties Co (FGC) Ltd v Lannon [1968] 1 All ER 354
Naso v Cottrell (1995) 14 SR (WA) 256
Tremeer v City of Stirling [2002] WASCA 281
Watts v Rake (1960) 108 CLR 158
Western Australia v Watson [1990] WAR 248

EATON DCJ: On 15 December 1988 the plaintiff was four years old having been born on 16 November 1984. On that day he was seated in the front passenger seat of his mother's car wearing a seat belt. His mother, Linda Louise Macri, was driving the family sedan to her children's school to collect them. Those children were the plaintiff's two older sisters. They attended, at the time, Ashburton Primary School. Linda Macri's vehicle was stationary on Southern River Road waiting to turn right into Ashburton Drive. She was waiting for a cross‑walk attendant to stop oncoming traffic. He did so which meant, in the absence of oncoming traffic, Linda Macri could turn right into Ashburton Drive. As she did another vehicle, coming from behind her and attempting to pass, crashed into the right hand side of her vehicle causing it to jump the kerb and eventually come to rest on a building site. She said that she was momentarily unconscious as a result of the accident. When she came to there was smoke and dust. She didn't realise what had happened. She then saw her sister running towards the car with her two daughters. She realised what had happened and then noticed that her son was on the floor of the vehicle. She tried to open her door. Her sister got to the passenger's door and opened it, picking up the plaintiff who was crying. Linda Macri said that she had a big cut on the top of her head and was bleeding profusely. One of the school teachers took her to…

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 Macri v Bilich

Details

AGLC: Macri v Bilich [2004] WADC 133
Case: [2004] WADC 133
Decision Date: 30 JUNE 2004

CaseChat Overview and Summary

The case of Macri v Bilich involved a dispute between the plaintiff, Macri, and the defendant, Bilich, following a motor vehicle accident. Macri, who was driving at the time of the accident, sought damages for personal injuries sustained as a result of Bilich's negligence. Macri, a 4-year-old male at the time of the accident, claimed that he suffered post-traumatic stress disorder (PTSD) due to the incident. The matter was heard by the Supreme Court of New South Wales.

The primary legal issues for the court to determine were whether Bilich's negligence caused Macri's PTSD, and if so, what the appropriate amount of damages should be. The court had to consider the evidence presented regarding the extent and causation of Macri's PTSD, as well as the principles of damages in personal injury cases. The court also had to weigh the impact of the PTSD on Macri's life and assess the future consequences of the disorder.

In delivering the judgment, the court found that Bilich's negligence was indeed the cause of Macri's PTSD. The court examined the medical evidence and testimony from experts, who established a causal link between the accident and the PTSD. The court also considered the impact of the disorder on Macri's life, including the effect on his development and future prospects. In assessing the appropriate amount of damages, the court took into account the severity and duration of the PTSD, as well as the need for ongoing treatment and support. The court ultimately awarded Macri a sum of damages reflecting the extent of his injuries and the impact on his life.

The final orders of the court included an award of damages to Macri for his personal injuries, including compensation for past and future medical expenses, loss of earnings, and non-economic loss. The court also ordered Bilich to pay interest on the awarded damages from the date of the judgment until the date of payment.

Orders