LEWIS v. KENAIR SEAPLANES P/L [2004] NSWCA 416

LEWIS v. KENAIR SEAPLANES P/L [2004] NSWCA 416

Leave to appeal was refused because the trial judge's choice to use average earnings over the relevant four financial years as the basis for future economic loss was within the area of assessment available to her, and there were no real prospects of establishing a proper basis for appellate intervention.

Jurisdiction
Australia
Judgment Date
12 November 2004
Procedural Posture
Application for Leave to Appeal From Assessment of Personal Injury Damages and Application for Extension of Time to Apply for Leave to Cross Appeal / Court of Appeal Application From District Court Judgment
Outcome
Ordinary Summons for leave to appeal dismissed; extension of time to apply for leave to appeal granted; extension of time to apply for leave to cross-appeal refused; each party to pay its own costs of the applications.
Legal Topics
['assessment of Damages' 'future Economic Loss' 'past Economic Loss' 'superannuation' 'interest on Past Economic Loss' 'leave to Appeal' 'extension of Time']
['damages' 'personal Injury' 'civil Procedure' 'appeals'] ['assessment of Damages' 'future Economic Loss' 'past Economic Loss' 'superannuation' 'interest on Past Economic Loss' 'leave to Appeal' 'extension of Time']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal From Assessment of Personal Injury Damages and Application for Extension of Time to Apply for Leave to Cross Appeal / Court of Appeal Application From District Court Judgment

Legal Issues

  1. 1 ['Whether the claimant should have leave to appeal the District Court assessment of damages for future economic loss and related heads of damage.' 'Whether the trial judge erred by using average earnings over four complete financial years rather than the earnings level of the last of those years as the basis for future economic loss.' 'Whether there were reasonable prospects of showing a proper basis for appellate intervention in the damages assessment.' 'Whether an extension of time should be granted for the opponent to apply for leave to cross-appeal.']

Ratio Decidendi

Leave to appeal was refused because the trial judge's choice to use average earnings over the relevant four financial years as the basis for future economic loss was within the area of assessment available to her, and there were no real prospects of establishing a proper basis for appellate intervention.

Court Disposition

Ordinary Summons for leave to appeal dismissed; extension of time to apply for leave to appeal granted; extension of time to apply for leave to cross-appeal refused; each party to pay its own costs of the applications.

Orders

  • ['Extension of time to apply for leave to appeal granted.' 'Ordinary Summons dismissed.' 'Application for extension of time to apply for leave to cross-appeal refused.' 'Each party to pay its own costs of each of the applications.']