Sophie Fegan by her tutor Inga Rozenauers v Lane Cove House Pty Limited [2007] NSWCA 88

Sophie Fegan by her tutor Inga Rozenauers v Lane Cove House Pty Limited [2007] NSWCA 88

The court found the trial judge was entitled to conclude, on the evidence, that the claimant had not established her reduced typing capacity would likely result in financial loss or impairment of earning capacity sufficient to justify an award for future economic loss, whether as a buffer or otherwise, within the meaning of s 13 Civil Liability Act 2002 (NSW).

Jurisdiction
Australia
Judgment Date
18 April 2007
Procedural Posture
Application for Leave to Appeal (damages Assessment) / Application for Leave to Appeal From Judgment of District Court on Damages Assessment
Outcome
Application for leave to appeal dismissed.
Legal Topics
['damages' 'future Economic Loss' 'civil Liability Act 2002 (nsw) S 13']
['tort Law' 'personal Injury'] ['damages' 'future Economic Loss' 'civil Liability Act 2002 (nsw) S 13']

Case Brief

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Procedural Posture

Application for Leave to Appeal (damages Assessment) / Application for Leave to Appeal From Judgment of District Court on Damages Assessment

Legal Issues

  1. 1 ["Whether the trial judge erred in refusing an award of damages for future economic loss ('buffer') under s 13 Civil Liability Act 2002 (NSW) for a young claimant with impaired typing ability but uncertain future consequences."]

Ratio Decidendi

The court found the trial judge was entitled to conclude, on the evidence, that the claimant had not established her reduced typing capacity would likely result in financial loss or impairment of earning capacity sufficient to justify an award for future economic loss, whether as a buffer or otherwise, within the meaning of s 13 Civil Liability Act 2002 (NSW).

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['Dismiss the application for leave to appeal.' "The claimant is to pay the opponent's costs of the application."]