SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | Oliver v Roberts |
Citation: | [2017] ACTSC 360 |
Hearing Dates: | 22 - 25, 29 - 31 May, 1 June, 13 - 17 November 2017 |
DecisionDate: | 12 December 2017 |
Before: | Walmsley AJ |
Decision: | See [696] below. |
Catchwords: | CIVIL LAW – PERSONAL INJURY – Motor-vehicle accident – assessment of damages – extent of cognitive impairment from traumatic brain injury – damages awarded. MENTAL HEALTH – Application to set aside litigation guardian – application based on medical evidence – no mental disability – litigation guardian set aside. |
Legislation Cited: | Court Procedures Rules 2006 (ACT), rr 50, 275 Evidence Act 2011 (ACT), s 63 Civil Liability Act 2002 (NSW) |
Cases Cited: | Adelaide Stevedoring Co Ltd v Forst (1940) 64 CLR 538 Griffiths v Kerkemeyer (1977) 139 CLR 161 |
Texts Cited: | N Chaytor and M Schmitter-Edgecombe, ‘The Ecological Validity of Neuropsychological Tests: A Review of the Literature on Everyday Cognitive Skills’ (2003) 13(4) Neuropsychology Review 181 V Rao et al, ‘Neuropsychiatric disturbances associated with traumatic brain injury: a practical approach to evaluation and management’ (2015) 35(1) Seminars in Neurology 64 D Manchester et al, ‘The assessment of executive functions: coming out of the office’ (2004) 18(11) Brain Injury 1067 |
Parties: | Andrew Robert Oliver (Plaintiff) Caroline Roberts (Defendant) |
Representation: | Counsel Mr D Campbell SC with Mr I Bradfield (Plaintiff) Mr G Watson SC with Mr D Crowe (Defendant) |
| Solicitors MTM Legal (Plaintiff) Moray Agnew Lawyers (Defendant) | |
File Number: | SC 439 of 2013 |
Walmsley AJ:
Main issue
This is an assessment of damages arising from a motor vehicle accident in Canberra on 27th August 2010. The defendant admitted she had been in breach of duty. The main issue in the case was the extent, if any, to which the plaintiff had suffered cognitive impairment from a traumatic brain injury (TBI) he received in the accident. The defendant conceded he had suffered a TBI but argued the long term effects from it had not been as significant as asserted, and that the plaintiff has no significant ongoing cognitive sequelae from the accident. The plaintiff argued he had significant ongoing sequelae whose effects were permanent and would worsen in time.
Plaintiff’s background
The plaintiff, currently aged 27, was born in Malawi in November 1990, where his father was working as a veterinarian. His family later moved to live near Canberra, where he had most of his school education. He completed his schooling at Narrabundah College. In 2008, his last year of school, he achieved a universities admission index score of 66.35. That was just above the average mark of 65. As he had not passed French he did not qualify to pass the International Baccalaureate, which his school…
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- AGLC
- Oliver v Roberts [2017] ACTSC 360
- Case
- [2017] ACTSC 360
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the extent of Oliver’s cognitive impairment and the appropriateness of continuing to have a litigation guardian appointed to assist with the case. The court had to assess the medical evidence presented regarding Oliver’s cognitive functioning and decide whether a litigation guardian was still necessary. The court also needed to determine the appropriate amount of damages for the cognitive impairment and any other injuries sustained in the accident.
In its judgment, the court found that the medical evidence did not support the presence of significant cognitive impairment. The court concluded that Oliver was capable of managing the litigation without the assistance of a litigation guardian. Accordingly, the litigation guardian was set aside. The court assessed the evidence regarding the cognitive impairment and other injuries and determined the appropriate quantum of damages. The court awarded damages that reflected the injuries sustained by Oliver, including compensation for the cognitive impairment and other related injuries. The court also considered the impact of the accident on Oliver’s life and future needs in its assessment.
Orders
Orders of the court
See [696] below.
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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