Singh v Cooper

[2015] ACTSC 243

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Singh v Cooper & Anor

Citation:

[2015] ACTSC 243

Hearing Dates:

30, 31 March and 1 April 2015

DecisionDate:

21 August 2015

Before:

Mossop AsJ

Decision:

See [104]

Category:

Principal Judgment

Catchwords:

PERSONAL INJURY – Motor vehicle accident – assessment of damages – causation of economic loss – difficulties in isolating effects of injury from effects of other factors – limitations in medical evidence as basis for determination of causation and quantum – damages awarded on basis of buffer for economic loss

Parties:

Aneeta Kayla Singh (Plaintiff)

Michelle Cooper (First Defendant)

Insurance Australia Limited trading as NRMA Insurance (Second Defendant)

Representation:

Counsel

Mr A Black SC and Mr D Crowe (Plaintiff)

Mr R Crowe SC (First and Second Defendants)

Solicitors

United Legal (Plaintiff)

Sparke Helmore Lawyers (First and Second Defendants)

File Number:

SC 566 of 2014

1. This case involves an assessment of damages in relation to a motor vehicle accident that occurred on 25 March 2013.  The principal areas of dispute related to the award of damages for past and future economic loss.

Facts

1. The plaintiff was born in New Zealand in a town called Te Awamutu.  She is now 39 years old.  In 1980 she and her family moved to Fiji.  She has two brothers and a sister.  Her father had a PhD in biochemistry but was a successful businessman pursuing various business interests.  He was also a parliamentarian in Fiji up until the 1987 coup.  Following the coup the plaintiff’s family moved back to New Zealand from Fiji.  In February 1990 the plaintiff’s father died unexpectedly.  This event has had a significant effect on the plaintiff’s mental health.

1. The plaintiff finished school in 1993 and commenced a Diploma of Health Science at Auckland University of Technology.  This was a qualification which would have allowed her to become a nurse.  While she performed well academically she left the course during the clinical training.  After leaving the course she assisted her mother for about eight months in an administrative capacity.  Her mother, who was a physiotherapist by training, was administering her father’s business interests.  She obtained a short-term casual position with the Countrywide Bank.  She did not enjoy this work and returned to assisting her mother for about another two months.  In 1998 the plaintiff commenced and completed a one-year course known as a Diploma in Travel, Tourism and Business Technology.  While doing that course she obtained work with Retail Financial Services as an outbound credit controller.  This involved using an automated telephone system to assist in recovering outstanding debts.

1. When she finished her diploma she worked full-time for Retail Financial Services until March 1999.  That job gave her an introduction into the world of credit control but she found it somewhat limiting.  In March 1999 she obtained, through an employment agency, a three month contract with Toyota Financial Services.  That job was extended for another three months.  She then obtained a job working as a credit officer with GE…