Pitt v PALFREY - [2003] WADC 140

PITT -v- PALFREY [2003] WADC 140

Last Update: 20/06/2003

PITT -v- PALFREY [2003] WADC 140
Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2003] WADC 140
Case No:	CIV:544/2002	Heard:	20-21 MARCH 2003
Coram:	GROVES DCJ	Delivered:	18/06/2003
Location:	PERTH	Supplementary Decision:
No of Pages:	17	Judgment Part:	1 of 1
Result:	Total damages $14,908.53
[Click here for Judgment in Adobe Acrobat Format ]

Parties:	JESSICA LAUREN PITT MARTIN PALFREY
Catchwords:	Damages Assessment Motor vehicle accident Personal injuries Cervical strain of mild to moderate severity and headaches 20 year old university student Turns on own facts
Legislation:	Motor Vehicle (Third Party Insurance) Amendment Act 1994, s 3C
Case References:	Hendrie v Rusli [2000] WASCA 249 Southgate v Waterford (1990) 21 NSWLR 427 Wylde v 'Arriaza, unreported FCt SCt of WA; Library No 970359; 23 July 1997 Nil

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : PITT -v- PALFREY [2003] WADC 140 CORAM : GROVES DCJ HEARD : 20-21 MARCH 2003 DELIVERED : 18 JUNE 2003 FILE NO/S : CIV 544 of 2002 BETWEEN : JESSICA LAUREN PITT

Plaintiff

AND

MARTIN PALFREY

Defendant

Catchwords:

Damages - Assessment - Motor vehicle accident - Personal injuries - Cervical strain of mild to moderate severity and headaches - 20 year old university student - Turns on own facts

Legislation:

Motor Vehicle (Third Party Insurance) Amendment Act 1994, s 3C

Result:

Total damages $14,908.53

(Page 2)

Representation:

Counsel:

Plaintiff : Mr T N Cullity

Defendant : Mr J R Brooksby

Solicitors:

Plaintiff : Trewin Norman & Co

Defendant : Greenland Brooksby

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

Hendrie v Rusli [2000] WASCA 249
Southgate v Waterford (1990) 21 NSWLR 427
Wylde v 'Arriaza, unreported FCt SCt of WA; Library No 970359; 23 July 1997

Case(s) also cited:

Nil

(Page 3)

1 GROVES DCJ: On 30 December 2000 Jessica Lauren Pitt was the driver of a Daihatsu Charade motor vehicle and was stationary on North Beach Road waiting to turn right when she was hit from behind by another vehicle. The force of the impact was such that her vehicle was pushed across the intersection and came to rest in a driveway over the road. The extent of damage was such that the plaintiff's car was a write-off. The back of the driver's seat broke at impact and the plaintiff found herself in the back seat of her vehicle. Liability is admitted.

2 Miss Pitt was taken by ambulance to Joondalup Health Campus, arriving at approximately 1227 hours, where she was examined and observed. The hospital report (Exhibit 8 tendered by consent) states:

"On review in the Emergency Department she described high mid line neck pain and nausea. Examination revealed mild upper cervical tenderness. An X-ray of the cervical spine was performed, which revealed no bony abnormality. Miss Pitt was administered intramuscular Maxolon for the nausea and observed. On review at 1545 hours she was feeling better and discharged home to take oral analgesia as prescribed. Follow-up with her…

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 Pitt v PALFREY

Details

AGLC: Pitt v Palfrey [2003] WADC 140
Case: [2003] WADC 140
Decision Date: 18 JUNE 2003

CaseChat Overview and Summary

The case of Pitt v PALFREY involved a plaintiff who sustained personal injuries following a motor vehicle accident. The plaintiff, a 20-year-old university student, suffered cervical strain of mild to moderate severity and headaches. The defendant, PALFREY, was liable for the accident. The case was heard in the Supreme Court of New South Wales.

The primary legal issues before the court were the assessment of damages for the personal injuries sustained by the plaintiff. Specifically, the court needed to determine the appropriate compensation for the cervical strain and headaches. The court had to consider the severity of the injuries, the impact on the plaintiff's life, and the medical expenses incurred as a result of the accident.

The court held that the plaintiff's cervical strain was of mild to moderate severity, and the headaches were a direct result of the accident. The plaintiff's age and the nature of the injuries were significant factors in the assessment of damages. The court awarded the plaintiff $14,908.53 in total damages, reflecting the impact of the injuries on the plaintiff's life and the associated costs. The court emphasised that the assessment was based on the unique facts of this case, and similar cases would need to be assessed individually.

Orders

Orders of the court

Total damages $14,908.53

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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