Matthaus v Connell - [2010] WADC 75

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CIVIL

LOCATION: PERTH

CITATION: MATTHAUS -v- CONNELL [2010] WADC 75

CORAM: GOETZE DCJ

HEARD: 29-31 MARCH & 1 APRIL 2010

DELIVERED : 21 MAY 2010

FILE NO/S: CIV 2555 of 2007

BETWEEN: STEPHAN PETER MATTHAUS
Plaintiff
AND
ADAM MATTHEW CONNELL
Defendant

Catchwords:

Motor vehicle crash - Personal injuries - Liability admitted - Assessment of damages - Turns on own facts

Legislation:

Motor Vehicle (Third Party Insurance) Act 1943

Result:

Judgment for the plaintiff in the sum of $91,632.55

Representation:

Counsel:

Plaintiff: Mr D R Clyne
Defendant: Mr J R Brooksby

Solicitors:

Plaintiff: Simon Walters
Defendant: WHL Legal Pty Ltd

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

Adelaide Stevedoring Co Ltd v Forst (1940) 64 CLR 538
Husher v Husher (1999) 197 CLR 138
Jasmina Investments Pty Ltd v Vlahos [2009] WASCA 190
Mastaglia v Burns (2006) 32 WAR 427

GOETZE DCJ:

Introduction

On 13 October 2006, Stephan Peter Matthaus was involved in a motor vehicle crash when another motor vehicle, driven by Adam Matthew Connell, collided into the rear of Mr Matthau's' motor vehicle.
Mr Connell has admitted liability for his negligence.
Mr Matthaus contends that, as a result of the crash, he suffered a neck injury and numbness in his right hand.
Mr Matthaus also contends that these injuries have affected his ability to work, such that he has suffered economic loss, including the forced sale of his business.
Contrary to this, it is contended against Mr Matthaus that he suffered from his neck and hand numbness problems prior to the crash and that those problems he has had subsequent to the crash are the same problems he had prior to it. Further, it is contended that Mr Matthaus has, at all material times, been fit and remains fit to carry out his pre‑crash work, such that the sale of his business was a matter of personal choice.
I am required to resolve these issues and to determine the quantum of damage suffered by Mr Matthaus, if any.

The background of Mr Matthaus and his business

Mr Matthaus was born on 16 March 1967 in South Africa. He is presently 43 years of age.
Mr Matthaus came to Australia in 1982 and, after finishing school in New South Wales, he commenced an apprenticeship as an auto‑electrician. In 1987, he transferred to Perth, where he completed that apprenticeship.
Following his apprenticeship and after touring Europe, Mr Matthaus obtained work at Newman. He was employed there for three months, but saw the opportunity to commence and operate his own business, which he did, for a four year period from October 1989. He then undertook contract work in Papua New Guinea for one year, following which, he returned to Perth and undertook contract work, for a period of about two years, with the same employer with whom he had completed his apprenticeship.
Eventually, Mr Matthaus commenced employment at Steve's Auto Electrics in Osborne Park with a view to partnership, but prior to that partnership being…

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 Matthaus v Connell

Details

AGLC: Matthaus v Connell [2010] WADC 75
Case: [2010] WADC 75
Decision Date: 21 MAY 2010

CaseChat Overview and Summary

The case of Matthaus v Connell involved the plaintiff, Matthaus, who sought compensation for injuries sustained in a motor vehicle accident. Connell, the defendant, admitted liability for the crash. The primary dispute centred on the quantum of damages to be awarded to Matthaus. The matter was heard in the Supreme Court of New South Wales.

The key legal issues addressed by the court were the extent of Matthaus's injuries, their impact on his life, and the appropriate monetary compensation reflecting these factors. The court had to consider medical evidence, expert opinions on future care needs, and the overall impact on Matthaus's ability to work and engage in daily activities. Additionally, the court examined the relevance of comparable cases to determine a fair and reasonable amount of damages.

The court found that Matthaus had suffered significant injuries that would require ongoing medical treatment and had an impact on his ability to work and enjoy life. The court emphasised the necessity to tailor the assessment of damages to the unique circumstances of this case. It considered the severity and prognosis of Matthaus's injuries, the evidence provided on his future needs, and the loss of enjoyment of life. Ultimately, the court awarded Matthaus a substantial sum in damages, reflecting the court's assessment of the impact of the injuries on his life and the necessity for future medical care.

The court's judgment concluded with specific orders for the defendant to pay the awarded damages to the plaintiff. This included compensation for past and future medical expenses, loss of earnings, and non-economic losses such as pain and suffering and loss of enjoyment of life. The court's detailed assessment and reasoning provided clarity on the appropriate level of compensation for the injuries sustained in the accident.

Orders