Wyong Council v Knowles [1999] NSWCA 112

Wyong Council v Knowles [1999] NSWCA 112

The evidence that Mrs Knowles had been in part-time employment before injury, would find it financially attractive to return to work if she could, and had restricted employment options because of her injuries made it open to the trial judge to find a future loss of earning capacity. A global award was appropriate and the $45,000 awarded was not beyond the permissible range, so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Personal Injury Quantum Appeal Concerning Damages for Future Economic Loss / Application for Extension of Time and Leave to Appeal From District Court Judgment
Outcome
Time extended to permit the application for leave to appeal; application for leave refused with costs.
Legal Topics
['future Economic Loss' 'loss of Future Earning Capacity' 'quantum Appeal' 'leave to Appeal' 'global Damages Award']
['personal Injury' 'damages' 'appellate Procedure'] ['future Economic Loss' 'loss of Future Earning Capacity' 'quantum Appeal' 'leave to Appeal' 'global Damages Award']

Case Brief

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Procedural Posture

Personal Injury Quantum Appeal Concerning Damages for Future Economic Loss / Application for Extension of Time and Leave to Appeal From District Court Judgment

Legal Issues

  1. 1 ['Whether there was sufficient evidence to support an award for loss of future earning capacity.' 'Whether the award of $45,000 for future economic loss was manifestly excessive or beyond the permissible range.' 'Whether time should be extended to permit the application for leave to appeal.']

Ratio Decidendi

The evidence that Mrs Knowles had been in part-time employment before injury, would find it financially attractive to return to work if she could, and had restricted employment options because of her injuries made it open to the trial judge to find a future loss of earning capacity. A global award was appropriate and the $45,000 awarded was not beyond the permissible range, so leave to appeal was refused.

Court Disposition

Time extended to permit the application for leave to appeal; application for leave refused with costs.

Orders

  • ['Extend the time to permit the application for leave to appeal to be made.' 'Refuse the application for leave to appeal with costs.' 'The Council is also to pay any additional costs associated with the appeal proceeding concurrently with the leave application.']