Steven John French v State of New South Wales [1999] NSWCA 175

Steven John French v State of New South Wales [1999] NSWCA 175

The trial judge's conclusion that the appellant suffered no compensable loss of earning capacity was not reasonably open because it rested on an erroneous evaluation of the medical evidence and the evidence about recovery. Even if the appellant was unlikely to work, the evidence did not justify wholly excluding financial loss, as some value had to be given to the possibility that any remaining earning capacity would be exercised.

Jurisdiction
Australia
Judgment Date
11 June 1999
Procedural Posture
Personal Injury Damages Appeal / Appeal From District Court Judgment on Damages
Outcome
Appeal allowed with costs; District Court judgment for $12,353 set aside; new trial limited to damages ordered.
Legal Topics
['back Injury' 'economic Loss' 'loss of Earning Capacity' 'general Damages' 'medical Evidence' 'reassessment of Damages']
['torts' 'negligence' 'damages' 'personal Injury'] ['back Injury' 'economic Loss' 'loss of Earning Capacity' 'general Damages' 'medical Evidence' 'reassessment of Damages']

Case Brief

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Procedural Posture

Personal Injury Damages Appeal / Appeal From District Court Judgment on Damages

Legal Issues

  1. 1 ["Whether the trial judge erred in preferring Dr Harrington's medical report and finding that the appellant had recovered from the injury by January 1995." 'Whether the trial judge erred in awarding no damages for past or future economic loss on the basis that the appellant had no earning capacity or would not exercise any earning capacity.' 'Whether the damages award should be set aside and the matter remitted for a new trial limited to damages.']

Ratio Decidendi

The trial judge's conclusion that the appellant suffered no compensable loss of earning capacity was not reasonably open because it rested on an erroneous evaluation of the medical evidence and the evidence about recovery. Even if the appellant was unlikely to work, the evidence did not justify wholly excluding financial loss, as some value had to be given to the possibility that any remaining earning capacity would be exercised.

Court Disposition

Appeal allowed with costs; District Court judgment for $12,353 set aside; new trial limited to damages ordered.

Orders

  • ['Appeal allowed with costs.' 'Judgment for $12,353 set aside.' 'New trial limited to damages.']