HAINES v BOOTH [1994] NSWCA 118

HAINES v BOOTH [1994] NSWCA 118

The trial judge's calculation of lost earnings based on a forty hour week was justified given the plaintiff's clear evidence and lack of cross-examination; the failure to allow a discount for vicissitudes was an error but balanced by the inadequacy of general damages; the overall amount awarded was appropriate so the appeal should be dismissed.

Parties
Appellant/defendant: URJ Haines; Respondent/plaintiff: Mrs Booth
Jurisdiction
Australia
Judgment Date
13 October 1994
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Assessment of Damages, Future Economic Loss, Vicissitudes, General Damages, Motor Vehicle Accident
Tort Law Personal Injury Assessment of Damages Future Economic Loss Vicissitudes General Damages Motor Vehicle Accident

Case Brief

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Parties

URJ Haines

Appellant/defendant

Mrs Booth

Respondent/plaintiff

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing lost earnings based on a forty hour week instead of a twenty-four hour week
  2. 2 Whether the trial judge erred in failing to discount future earnings for vicissitudes
  3. 3 Whether the award for general damages was manifestly inadequate

Ratio Decidendi

The trial judge's calculation of lost earnings based on a forty hour week was justified given the plaintiff's clear evidence and lack of cross-examination; the failure to allow a discount for vicissitudes was an error but balanced by the inadequacy of general damages; the overall amount awarded was appropriate so the appeal should be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs to the respondent.