Ramsey v Denton

Case [2020] NSWDC 426

District Court


New South Wales

Medium Neutral Citation: Ramsey v Denton [2020] NSWDC 426
Hearing dates: 1-2 April 2020; 13 May 2020 (Notice of Motion); 22‑25 June 2020
Date of orders: 6 August 2020
Decision date: 06 August 2020
Jurisdiction:Civil
Before: Dicker SC DCJ
Decision:

(1) Judgment for the plaintiff.

(2) The parties are to bring in agreed short minutes of order within seven days reflecting the court's reasons for decision.

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

(4) The parties have leave to make an application within 14 days to vary the order as to costs in (3) above.

(5) Liberty to apply to the Associate to Dicker SC DCJ to relist the matter on two business days’ notice.

(6) Exhibits are to be returned after 28 days.

Catchwords:

Torts – negligence – motor vehicle accident – claim for damages for personal injuries - extensive history of prior injuries – what injuries and disabilities were caused by the accident – liability not in dispute – proper approach to the award of damages for loss of past earnings and loss of future earning capacity

Legislation Cited:

Civil Liability Act 2002 (NSW)

Motor Accidents Compensation Act 1999 (NSW)

Cases Cited:

Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13

Avopiling Pty Ltd v Bosevski [2018] NSWCA 146

Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320

Curtis v Harden Shire Council [2014] NSWCA 314

Dal vChol [2018] NSWCA 219

GulicvAngelovski [2018] NSWCA 161

Kabic v AAI Limited trading as GIO [2019] NSWCA 247

Lloyd v Thornbury [2019] NSWCA 154

Malecv JC Hutton [1990] HCA 20; (1990) 169 CLR 638

Mason v Demasi [2009] NSWCA 227

Metro North Hospital and Health Service v Pierce [2018] NSWCA 11

Miller v Galderisi [2009] NSWCA 353

New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536

Purkessv Crittenden [1965] HCA 34; (1965) 114 CLR 164

SeltsamPty Ltd vGhaleb [2005] NSWCA 208

Smith v Alone [2017] NSWCA 287

Sretenovic v Reed [2009] NSWCA 280

Strong v Woolworths [2012] HCA 5; (2012) 246 CLR 182

Watts v Rake [1960] HCA 58; (1960) 108 CLR 158

Category:Principal judgment
Parties: Stephen Noel Ramsey (Plaintiff)
Patricia Sherry Denton (Defendant)
Representation:

Counsel:
G Bateman (Plaintiff)
W Fitzsimmons SC (Defendant)

Solicitors:
Robert Brydon Lawyers (Plaintiff)
McCabe Curwood (Defendant)
File Number(s): 2016/00219189

Judgment

  1. These proceedings relate to the extent of the injuries and disabilities suffered by the plaintiff, Stephen Noel Ramsey, as a result of a motor vehicle accident which occurred on 30 July 2014. The plaintiff was riding a motor cycle at about 5pm along Chittaway Road at Ourimbah on the Central Coast in New South Wales when he struck a motor vehicle driven by the defendant which turned across the path of his motor cycle. The plaintiff saw the motor vehicle turn in front of him and placed his motor cycle down which slid into the…

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Details
AGLC
Ramsey v Denton [2020] NSWDC 426
Case
[2020] NSWDC 426
Decision Date

CaseChat Overview and Summary

The plaintiff, Mr. Ramsey, commenced proceedings in the District Court of New South Wales against the defendant, Mr. Denton, seeking damages for personal injuries sustained in a motor vehicle accident. The parties were in agreement that Mr. Denton was liable for the accident; however, they could not agree on the extent of the damages Mr. Ramsey was entitled to recover. Specifically, the dispute centred on the injuries and disabilities caused by the accident, particularly in light of Mr. Ramsey's extensive history of prior injuries.

The primary legal issue before the court was to determine the proper approach to awarding damages for Mr. Ramsey's loss of past earnings and his loss of future earning capacity. Given Mr. Ramsey's pre-existing injuries, the court had to evaluate the causal link between the accident and the claimed injuries and disabilities, and to what extent these affected his earning capacity both in the past and in the future. The court needed to carefully weigh the evidence and submissions from both parties to arrive at a fair and just assessment of damages.

The court undertook a thorough analysis of the evidence presented, including expert medical opinions and vocational assessments, to determine the extent of Mr. Ramsey's injuries attributable to the accident. The court found that the accident did cause additional injuries and disabilities over and above those resulting from Mr. Ramsey's pre-existing conditions. Consequently, the court awarded damages for the loss of past earnings and loss of future earning capacity, taking into account the factors relevant to the case. The court's decision was based on a detailed and balanced assessment of the evidence, ensuring that the damages awarded were commensurate with the injuries and disabilities caused by the accident. The orders of the court included a judgment in favour of Mr. Ramsey, with specific provisions for the preparation of minutes of order, costs, and the return of exhibits.

Orders

Orders of the court

(1) Judgment for the plaintiff.

(2) The parties are to bring in agreed short minutes of order within seven days reflecting the court's reasons for decision.

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

(4) The parties have leave to make an application within 14 days to vary the order as to costs in (3) above.

(5) Liberty to apply to the Associate to Dicker SC DCJ to relist the matter on two business days’ notice.

(6) Exhibits are to be returned after 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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