Steve Masselos & Co v Young [2011] NSWCA 352

Steve Masselos & Co v Young [2011] NSWCA 352

Damages must be assessed as at the notional trial date using evidence available or reasonably foreseeable at that time; psychiatric symptoms manifesting long after notional trial date are inadmissible; economic loss recalculated based on capacity at notional trial date, adjusting for partial incapacity and accepted rates; Firth v Sutton requires inclusion of past out-of-pocket expenses even if paid by insurer. Judgment for plaintiff is substituted for $18,278.

Jurisdiction
Australia
Judgment Date
21 November 2011
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed in part; cross appeal allowed; District Court judgment set aside; substitute judgment for plaintiff for $18,278; leave to correct calculation and make costs orders.
Legal Topics
['loss of Action Against Tortfeasor' 'assessment of Damages' 'notional Trial and Judgment Dates' 'evidence of Later Unforeseen Events' 'negligence of Solicitor']
['damages' 'negligence' 'professional Negligence'] ['loss of Action Against Tortfeasor' 'assessment of Damages' 'notional Trial and Judgment Dates' 'evidence of Later Unforeseen Events' 'negligence of Solicitor']

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Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Appropriate assessment of damages for loss of cause of action against the Commonwealth' 'Whether evidence of later psychiatric condition should be included in assessment of non-economic loss' 'Calculation and adjustment of past and future economic loss' 'Correct notional trial and judgment dates for assessment' 'Whether out-of-pocket expenses paid by the workers compensation insurer should be included in damages']

Ratio Decidendi

Damages must be assessed as at the notional trial date using evidence available or reasonably foreseeable at that time; psychiatric symptoms manifesting long after notional trial date are inadmissible; economic loss recalculated based on capacity at notional trial date, adjusting for partial incapacity and accepted rates; Firth v Sutton requires inclusion of past out-of-pocket expenses even if paid by insurer. Judgment for plaintiff is substituted for $18,278.

Court Disposition

Appeal allowed in part; cross appeal allowed; District Court judgment set aside; substitute judgment for plaintiff for $18,278; leave to correct calculation and make costs orders.

Orders

  • ['Appeal allowed in part.' 'Grant leave to cross appeal, notice of cross appeal to be filed within 10 days.' 'Cross appeal allowed.' 'Judgment of the District Court set aside.' 'In lieu thereof substitute judgment for the plaintiff for $18,278 with effect from 13 October 2010.' 'Liberty to the parties to apply to...