SampCo Pty Ltd v Wurth

Case [2015] NSWCA 117


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Sampco Pty Ltd v Wurth [2015] NSWCA 117
Hearing dates:20 March 2015
Decision date: 07 May 2015
Before: Basten JA at [1];
Meagher JA at [111];
Adamson J at [112]
Decision:

(1)Allow the appeal and set aside order (1) made in the District Court on 13 September 2013.

(2)In lieu thereof, give judgment for the plaintiff in the amount of $73,800 to take effect on 13 September 2013.
Catchwords:

DAMAGES – assessment – damages awarded on basis of injury to plaintiff’s foot and knee – causal relation between accident and knee injury rejected on appeal – reassessment of damages

DAMAGES – assessment – past and future gratuitous domestic assistance – after injury plaintiff’s husband provided care and domestic assistance – damages awarded based on plaintiff’s and husband’s evidence of the level of services – whether trial judge entitled to disregard medical evidence indicating lack of need – whether past and future services satisfy statutory intensity and duration levels – whether assessment may be made by averaging hours over a period of many weeks – Civil Liability Act 2002 (NSW), s 15B

DAMAGES – assessment – domestic assistance at commercial rates – whether trial judge erred in finding that plaintiff’s husband was “unlikely” to continue providing services – whether additional duties placed “strain” on marriage

NEGLIGENCE – causation – plaintiff broke a bone in her right foot as a result of a fall – whether pain in left knee reported 6 months after the accident causally related to accident – whether medical evidence supported finding of causal link in relation to the knee injury – whether injury occurred during gym session
Legislation Cited: Civil Liability Act 2002 (NSW), ss 5D, 13, 15, 16
Legal Profession Act 2004 (NSW, s 338
Motor Accidents Compensation Act 1999 (NSW), s 141B
Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; 83 NSWLR 302
Gordon v Truong [2014] NSWCA 97
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
Miller v Galderisi [2009] NSWCA 353
Category:Principal judgment
Parties: Sampco Pty Ltd t/as The Knickerbocker Hotel (Appellant)
Helen Wurth (Respondent)
Representation:

Counsel:
Mr J E Sexton SC/Ms A Horvath (Appellant)
Mr R Sheldon SC/Ms L Friedwald (Respondent)

Solicitors:
RGSLaw (Appellant)
Brydens Compensation Lawyers (Respondent)
File Number(s):2013/00304673
 Decision under appeal 
Court or tribunal:
District Court
Citation:
Wurth v Sampco Pty Ltd t/as The Knickerbocker Hotel [2013] NSWDC 173
Date of Decision:
13 September 2013
Before:
Levy DCJ
File Number(s):
2011/394503

HEADNOTE

[This headnote is not to be read as part of the judgment]

In February 2011, Ms Helen Wurth (the plaintiff) caught her right foot in an unguarded drainway in the carpark of the Knickerbocker Hotel at Bathurst, owned or occupied by Sampco Pty Ltd (the appellant). The plaintiff fell twisting, breaking a bone in and bruising her right foot. Some months after the injury the plaintiff also complained about pain in her left knee. She commenced proceedings in…

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AGLC
Sampco Pty Ltd v Wurth [2015] NSWCA 117
Case
[2015] NSWCA 117
Decision Date

CaseChat Overview and Summary

SampCo Pty Ltd (the appellant) appealed to the New South Wales Court of Appeal against a District Court judgment awarding damages to the respondent, Wurth, for injuries sustained in a fall. The primary dispute concerned the assessment of damages, specifically the causal relationship between the accident and a knee injury, and the entitlement to damages for gratuitous domestic assistance.

The Court of Appeal was required to determine whether the trial judge erred in finding a causal link between the accident and the respondent's knee injury, given the medical evidence. Further, the Court had to consider whether the trial judge was entitled to disregard medical evidence regarding the necessity of domestic assistance, and whether the provision of such assistance by the respondent's husband met the statutory intensity and duration requirements under section 15B of the *Civil Liability Act 2002* (NSW). The Court also had to assess whether the trial judge erred in finding that the husband was unlikely to continue providing services and if the additional duties placed a strain on the marriage.

The Court of Appeal found that the trial judge erred in accepting the causal link between the accident and the knee injury, noting that the injury was sustained during a gym session six months after the fall and was not supported by sufficient medical evidence. Consequently, the damages awarded on this basis were set aside. Regarding gratuitous domestic assistance, the Court held that the trial judge was entitled to award damages for past and future assistance, even if medical evidence suggested a lesser need, provided the statutory requirements of intensity and duration were met. The assessment of damages for domestic assistance was reassessed.

The appeal was allowed, and the District Court's order was set aside. Judgment was entered for the respondent in the amount of $73,800.

Orders

Orders of the court

(1)Allow the appeal and set aside order (1) made in the District Court on 13 September 2013.

(2)In lieu thereof, give judgment for the plaintiff in the amount of $73,800 to take effect on 13 September 2013.

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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