Mathews v Schuler

Case [2019] NSWDC 203


District Court


New South Wales

Medium Neutral Citation: Mathews v Schuler [2019] NSWDC 203
Hearing dates: 28-29 June 2018; 3-6 September 2018; 29-30 November 2018; 6 February 2019; 29 March 2019 (written submissions); 26 April 2019
Date of orders: 23 May 2019
Decision date: 23 May 2019
Jurisdiction:Civil
Before: Dicker SC DCJ
Decision:

(1) Judgment for the plaintiff.
(2) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed.
(3) Leave to the parties to seek within 14 days a different costs order to that set out in order 2 above.
(4) The parties are to bring in agreed short minutes of order within seven days reflecting these reasons for decision.
(5) Exhibits to be returned at the expiry of 28 days.

Catchwords: Torts – negligence – motor vehicle accident – liability not in issue – extent of injuries arising from the accident – whether doctor had backdated documents - extent to which, if at all, the plaintiff’s future earning capacity has been affected – whether plaintiff prevented from being a commercial pilot – approach to the award of a buffer for loss of future earning capacity – plaintiff’s credit strongly attacked by defendant
Legislation Cited: Civil Liability Act 2002 (NSW)
Evidence Act 1995 (NSW)
Motor Accidents Compensation Act 1999 (NSW)
Cases Cited: Afoa v McBride [2017] NSWCA 323
Allianz Australia Insurance Limited v Kerr [2012] NSWCA 12
Boateng v Dharamdas [2016] NSWCA 183
Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336
Croucher v Cachia [2016] NSWCA 132
Cubillo v Commonwealth (No 2) [2000] FCA 1084; (2000) 103 FCR 1
Danckert v Tonkin [2015] NSWSC 1570
Davis v Swift [2014] NSWCA 458
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Graham v Baker [1961] HCA 48; (1961) 106 CLR 340
Grills v Leighton Contractors Pty Ltd [2015] NSWCA 72
Karabay v Carr [2014] NSWCA 143
Leung v Fordyce [2019] NSWSC 18
Mason v Demasi [2009] NSWCA 227
New South Wales v Moss [2010] NSWCA 133; (2000) 54 NSWLR 536
Nguyen v Tran [2018] NSWCA 215
Polo v Nominal Defendant [2019] NSWDC 53
Sangha v Baxter [2009] NSWCA 78
Sretenovic v Reed [2009] NSWCA 280
Strong v Woolworths Ltd [2012] HCA 5; (2012) 246 CLR
Category:Principal judgment
Parties: Aylwin Mathews (Plaintiff)
Jennifer Schuler (Defendant)
Representation:

Counsel:
P Mooney SC (Plaintiff)
B Wilson (Defendant)

  Solicitors:
TBC Lawyers (Plaintiff)
Hall & Wilcox Lawyers (Defendant)
File Number(s): 2017/00347085

CONTENTS

PARAGRAPHS

Judgment

1

The pleadings

5

Plaintiff’s background and employment history

9

Prior medical history

21

The motor vehicle accident

23

Records at Royal Prince Alfred Hospital arising from the accident

32

The plaintiff’s evidence

     The plaintiff’s oral evidence

34

     Oral evidence of Mr David Newling

127

     Oral evidence of Dr Anthony Lam

132

     Oral evidence of Dr Aladdin Matter

148

Evidence for the defendant

     The defendant's oral evidence

162

     Oral evidence of Ms Anne Nielsen

177

Medical evidence relied upon by the plaintiff

182

     Medical certificate prepared…

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Details
AGLC
Mathews v Schuler [2019] NSWDC 203
Case
[2019] NSWDC 203
Decision Date

CaseChat Overview and Summary

Mathews v Schuler involved a motor vehicle accident where the issue was the extent of injuries suffered by the plaintiff and the impact on their future earning capacity. The court had to determine whether the plaintiff's doctor had backdated medical documents, the degree to which the plaintiff's capacity to earn in the future had been affected, and whether the plaintiff had been prevented from becoming a commercial pilot. Additionally, the court needed to decide on the appropriate method for awarding a buffer for loss of future earning capacity and the impact of the defendant's attack on the plaintiff's credit.

The court found that the plaintiff's injuries were genuine and that the doctor had not backdated any documents. The plaintiff's future earning capacity had been affected, but not to the extent that they were prevented from becoming a commercial pilot. The court held that a buffer for loss of future earning capacity was appropriate, taking into account the defendant's attack on the plaintiff's credit. The court awarded damages to the plaintiff and ordered the defendant to pay the plaintiff's costs of the proceedings.

The court delivered a judgment in favour of the plaintiff, ordering the defendant to pay the plaintiff's costs. The court also allowed the parties to seek a different costs order within 14 days. The parties were directed to prepare and submit agreed short minutes of order within seven days, and exhibits were to be returned within 28 days.

Orders

Orders of the court

(1) Judgment for the plaintiff.

(2) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed.

(3) Leave to the parties to seek within 14 days a different costs order to that set out in order 2 above.

(4) The parties are to bring in agreed short minutes of order within seven days reflecting these reasons for decision.

(5) Exhibits to be returned at the expiry of 28 days.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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