Ridolfi v Hammond (No 2)

[2012] NSWCA 67

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Ridolfi v Hammond (No 2) [2012] NSWCA 67

Hearing dates:

On written submissions

Decision date:

04 April 2012

Before:

Beazley JA at 1
Campbell JA at 2
Sackville AJA at 3

Decision:

1. Order that judgment be entered for the appellant in the sum of $243,406.62.

2. Order the respondent to pay the appellant's costs of the appeal.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

DAMAGES - attendent care services - Motor Accidents Compensation Act 1999 s 128 - whether appellant satisfied statutory requirement that services must be provided for at least 6 hours per week.

Legislation Cited:

Civil Liability Legislation Amendment Act 2008
Motor Accidents Compensation Act 1999

Cases Cited:

Hill v Forrester [2010] NSWCA 170
Miller v Galderisi [2009] NSWCA 353
Ridolfi v Hammond [2012] NSWCA 3

Category:

Consequential orders

Parties:

George Ridolfi (Appellant)
Lisa-Maree Hammond (Respondent)

Representation:

Ms S Norton SC and Ms M Fraser (Appellant)
Mr R Bartlett SC and Mr W Fitzsimmons (Respondent)
Brydens Law Office (Appellant)
Sparke Helmore Lawyers (Respondent)

File Number(s):

2010/81646

 Decision under appeal 

Date of Decision:

2010-03-12 00:00:00

Before:

Gibb DCJ

File Number(s):

2201 of 2004

Judgment

1. BEAZLEY JA: I agree with the reasons and orders of Sackville AJA.

1. CAMPBELL JA: I agree with Sackville AJA.

1. SACKVILLE AJA: In a judgment delivered on 23 February 2012, the Court made the following orders:

"1. Appeal allowed.

2. Set aside orders 1, 2 and 3 made by Gibb DCJ on 12 March 2010.

3. Direct the appellant on or before 1 March 2012 to file written submissions, not exceeding ten pages in length, addressing the following issues:

(a) whether the appellant agrees with the figure of $17,500 in respect of past loss of earnings and, if not, the figure that is proposed;

(b) the quantum of damages for loss of future earning capacity, calculated in accordance with the reasoning in this judgment;

(c) the amounts, (if any), that should be awarded by way of damages in respect of past and future attendant care services (including the question of whether the threshold requirements of s 128(3) of the [Motor Accidents Compensation Act 1999 ('MAC Act')] are satisfied; and

(d) costs.

4. Direct the respondent, on or before 12 March 2012, to file and serve written submissions, not exceeding ten pages in length, in reply."

Ridolfi v Hammond [2012] NSWCA 3 ("Principal Judgment").

1. The figure of $17,500 as damages for past loss of earnings (or, more accurately, past loss of earning capacity) was based on a finding in the Principal Judgment (at [157]) that the appellant was…