MANASSEH v DAVID [1995] NSWCA 267

MANASSEH v DAVID [1995] NSWCA 267

The trial judge was required to assess the chance that the plaintiff, uninjured, would have returned to wage-earning employment and to quantify economic loss accordingly, even on uncertain or incomplete evidence; failure to do so was an error requiring appellate intervention.

Parties
Appellant/plaintiff: Manasseh; Respondent/defendant: David
Jurisdiction
Australia
Judgment Date
06 April 1995
Procedural Posture
Personal Injury Appeal / Appeal From District Court Decision on Quantum of Damages
Outcome
Appeal upheld
Legal Topics
Economic Loss, Damages Assessment, Loss of Earning Capacity
Tort Law Personal Injury Economic Loss Damages Assessment Loss of Earning Capacity

Case Brief

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Parties

Manasseh

Appellant/plaintiff

David

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Appeal From District Court Decision on Quantum of Damages

Legal Issues

  1. 1 Whether the trial judge erred in not awarding damages for past and future economic loss despite evidence of diminished earning capacity.

Ratio Decidendi

The trial judge was required to assess the chance that the plaintiff, uninjured, would have returned to wage-earning employment and to quantify economic loss accordingly, even on uncertain or incomplete evidence; failure to do so was an error requiring appellate intervention.

Court Disposition

Appeal upheld

Orders

  • Judgment below for $120,583 set aside.
  • Judgment for $186,613 entered to take effect from the date of the original judgment.