Armstrong, Paul Edward (an infant by his next friend and father Armstrong, Darcy Allan) v Rudd, Andrew William [1978] FCA 78

Armstrong, Paul Edward (an infant by his next friend and father Armstrong, Darcy Allan) v Rudd, Andrew William [1978] FCA 78

The award of damages for loss of earning capacity was affected by factual errors in calculation of net earnings and actuarial multipliers. Adjusting for the correct weekly earnings and multiplier yields a reduced figure. A global assessment using actuarial tables and discretion led to a fair and appropriate award of $144,364.50, replacing the trial court's higher sum, and properly reflects the economic loss and other heads of damage suffered by the respondent.

Parties
Plaintiff (respondent): Paul Edward Armstrong; Next Friend and Father of Plaintiff: Darcy Allan Armstrong; Defendant (appellant): Andrew William Rudd
Jurisdiction
Australia
Judgment Date
08 September 1978
Procedural Posture
Appeal / On Appeal From Supreme Court of the Australian Capital Territory, Damages Assessment
Outcome
Appeal allowed; judgment sum varied and reduced.
Legal Topics
Damages, Personal Injury, Loss of Earning Capacity, Assessment of Damages
Tort Law Damages Personal Injury Loss of Earning Capacity Assessment of Damages

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Parties

Paul Edward Armstrong

Plaintiff (respondent)

Darcy Allan Armstrong

Next Friend and Father of Plaintiff

Andrew William Rudd

Defendant (appellant)

Procedural Posture

Appeal / On Appeal From Supreme Court of the Australian Capital Territory, Damages Assessment

Legal Issues

  1. 1 Proper assessment of damages for loss of earning capacity
  2. 2 Errors in calculation of damages due to factual mistakes and actuarial errors
  3. 3 Appropriate discounting rate for future economic loss

Ratio Decidendi

The award of damages for loss of earning capacity was affected by factual errors in calculation of net earnings and actuarial multipliers. Adjusting for the correct weekly earnings and multiplier yields a reduced figure. A global assessment using actuarial tables and discretion led to a fair and appropriate award of $144,364.50, replacing the trial court's higher sum, and properly reflects the economic loss and other heads of damage suffered by the respondent.

Court Disposition

Appeal allowed; judgment sum varied and reduced.

Orders

  • Judgment sum for respondent varied by substituting $144,364.50 for $158,364.50.
  • Appellant to pay respondent's costs of the appeal.