Tyron Vance v Stephen Chambers

[2016] NSWDC 79

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Tyron Vance v Stephen Chambers [2016] NSWDC 79
Hearing dates:	22 – 25 February 2016
Decision date:	13 May 2016
Jurisdiction:	Civil
Before:	Mahony SC DCJ
Decision:	Judgment for the plaintiff. For orders see [187]
Catchwords:	Assessment of damages
Legislation Cited:	Motor Accidents Compensation Act 1999 (NSW)
Cases Cited:	Dasreef Pty Ltd v Hawchar [2011] HCA 21; 243 CLR 588 Miller v Galderisi [2009] NSWCA 353 Penrith City Council v Parkes [2004] NSWCA 2001 Sampco Pty Ltd v Wurth [2015] NSWCA 117
Texts Cited:	Motor Accident Authority Permanent Impairment Guidelines (Ed 1 Oct 2007)
Category:	Principal judgment
Parties:	Tyron Vance (Plaintiff) Stephen Chambers (Defendant)
Representation:	Counsel: D A Wheelahan QC with G Radburn (Plaintiff) A C Casselden (Defendant)   Solicitors: Somerville Laundry Lomax Lee & Lyons Lawyers
File Number(s):	13/145633
Publication restriction:	Nil

Judgment

1. The plaintiff claims damages for injuries received by him in a motor vehicle accident that occurred on 8 August 2011, when he was a passenger in a vehicle being driven by the defendant on Sandon River Beach, on the north coast of New South Wales. Liability for the plaintiff’s injuries has been admitted by the defendant, and the parties have further agreed that the plaintiff contributed to his own injuries by his own contributory negligence, by failing to wear a properly fitted and secured seatbelt, and by voluntarily becoming a passenger in the vehicle when he was under the influence of alcohol. The deduction from any award of damages for the plaintiff’s own contributory negligence is agreed at 25 per cent.

2. The parties further agreed that, as a result of the MAS assessment process, the plaintiff suffered a whole person impairment of 25% for physical injuries, and a whole person impairment of 6% for psychiatric injuries.

3. The parties have also agreed that the plaintiff’s past treatment expenses amount to $14,700.00. Of that, the defendant’s seek a credit, pursuant to s 83 of the Motor Accidents Compensation Act 1999 (NSW) (“MACA”) of $805.00.

Issues to be determined

4. This leaves the following matters to be determined in the assessment of damages suffered by the plaintiff:

1. Quantum of non-economic loss.

2. Quantum and need for past gratuitous care.

3. Quantum and need for future care.

4. Quantum of past wage loss.

5. Quantum of future economic loss.

6. Quantum and need for future treatment expenses.

Circumstances of the accident

5. Whilst it is unnecessary to determine liability, the circumstances in which the plaintiff was injured inform the nature and severity of the injuries suffered by him. The following contains my findings of fact in the matter, unless otherwise indicated.

6. On 8 August 2011, the plaintiff went to Sandon River, which is just south of the mouth of the Clarence River. He was with the defendant and another man, Tristan Jammerson, and after fishing, the three men decided to travel back to the plaintiff’s house by driving along the beach. The plaintiff’s house was at Wooloweyah, approximately 10 minutes away. As the vehicle travelled…