Matchan v Lyons

[2003] NSWCA 384

CITATION:	Matchan v. Lyons [2003] NSWCA 384
HEARING DATE(S):	8 December 2003
JUDGMENT DATE:	22 December 2003
JUDGMENT OF:	Hodgson JA at 1; Cripps AJA at 9; Palmer J at 10
DECISION:	1. Appeal allowed. 2. Verdict and judgment in the District Court be set aside and in lieu thereof a verdict and judgment be entered for the respondent in the sum of $431,716.80. 3. The respondent is to pay the appellant's costs of the appeal but is to receive a certificate under the Suitors' Fund Act 1951 (NSW), if otherwise entitled.
CATCHWORDS:	NEGLIGENCE - CAUSATION - DAMAGES - Whether evidence sufficient to support finding that plaintiff's injuries caused by accident - future economic loss - unpaid domestic assistance - paid domestic assistance.
LEGISLATION CITED:	Motor Accidents Act 1988 (NSW) s.72
CASES CITED:	Commonwealth v Amann Aviation Pty Ltd (1991) 174 CLR 64 CSR Limited v. Clydesdale [2003] NSWCA 339 Geaghan v D'Aubert [2002] NSWCA 260 Jones v Schiffmann (1971) 124 CLR 303 Mifsud v Campbell (1991) 21 NSWLR 725 Pettitt v Dunkley [1971] 1 NSWLR 376 Public Service Board (NSW) v Osmond (1986) 159 CLR 656 Purkess v Crittenden (1965) 114 CLR 164 Roads & Traffic Authority of NSW v. Lolomanaia (2001) 34 MVR 249 Shorey v PT Ltd (2003) 77 ALJR 1104 State of New South Wales v Moss (2000) 54 NSWLR 536 Van Girvan v. Fenton (1992) 175 CLR 327 Watts v Rake (1960) 108 CLR 158 Winston v Roach [2003] NSWCA 310
PARTIES :	Rhys Evan Matchan - appellant Geoffrey James Lyons - respondent
FILE NUMBER(S):	CA 40178/03
COUNSEL:	Mr. C. Hoeben SC for appellant with Ms. K. Williams for appellant Mr. C. Branson QC for respondent with Mr. J. Stewart and Mr. A. Foel for respondent
SOLICITORS:	Phillips Fox, Sydney for appellant Harris Lieberman Boyd, Albury for resondent

LOWER COURTJURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC23/02 (Albury)
LOWER COURT JUDICIAL OFFICER :	Goldring DCJ

CA 40178/02
DC 23/03

HODGSON JA
CRIPPS AJA
PALMER J

Monday 22 December 2003

MATCHAN V. LYONS

Judgment

1 HODGSON JA: I agree with the orders proposed by Palmer J, and substantially with his reasons. In relation to domestic assistance, I would add a few comments.

2 Section 72 of the Motor Accidents Act 1988 is in the following terms:

72 Maximum amount of damages for provision of certain home care services
(1) The objects of this section are:
(a) to limit to average weekly earnings the level of payment for services for additional domestic assistance, and
(b) to restrict access to those payments to claims where the need is long term, and
(c) to exclude claims where the services provided would have been rendered as a matter of course regardless of the relevant motor accident.
(1A) Compensation, included in an award of damages, for the value of services of a domestic nature or services relating to nursing and attendance:
(a) which have been or are to be provided by another person to the person in whose favour the award…