Field v Close [2003] NSWCA 137

Field v Close [2003] NSWCA 137

The 43 per cent assessment for non-economic loss, the $500 net weekly uninjured earning capacity, the $150 net weekly loss of earning capacity, the 20 per cent discount for vicissitudes, and the rounded superannuation allowance were open to the trial judge on the evidence. However, in light of the trial judge's findings that the appellant had a serious and permanent disability likely to become more serious with age, it was erroneous to decline any allowance for domestic assistance. The damages award was therefore increased by $30,000 and the cross-appeal was dismissed.

Jurisdiction
Australia
Judgment Date
28 May 2003
Procedural Posture
Damages Assessment Arising From Personal Injury in a Motor Vehicle Accident / Appeal and Cross Appeal From the District Court
Outcome
Appeal allowed in part; cross-appeal dismissed.
Legal Topics
['non Economic Loss' 'past Economic Loss' 'future Economic Loss' 'vicissitudes' 'superannuation' 'domestic Assistance' 'appellate Review of Discretionary Damages Assessments']
['damages' 'personal Injury'] ['non Economic Loss' 'past Economic Loss' 'future Economic Loss' 'vicissitudes' 'superannuation' 'domestic Assistance' 'appellate Review of Discretionary Damages Assessments']

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Procedural Posture

Damages Assessment Arising From Personal Injury in a Motor Vehicle Accident / Appeal and Cross Appeal From the District Court

Legal Issues

  1. 1 ["Whether the trial judge's assessment of non-economic loss at 43 per cent of a most extreme case was open on the evidence." "Whether the trial judge erred in using $500 net per week as the appellant's uninjured earning capacity for future economic loss." 'Whether the trial judge erred in assessing lost earning capacity at $150 net per week and applying a 20 per cent discount for vicissitudes.' 'Whether the allowance for superannuation was erroneous.' 'Whether the trial judge erred in refusing an allowance for domestic assistance.']

Ratio Decidendi

The 43 per cent assessment for non-economic loss, the $500 net weekly uninjured earning capacity, the $150 net weekly loss of earning capacity, the 20 per cent discount for vicissitudes, and the rounded superannuation allowance were open to the trial judge on the evidence. However, in light of the trial judge's findings that the appellant had a serious and permanent disability likely to become more serious with age, it was erroneous to decline any allowance for domestic assistance. The damages award was therefore increased by $30,000 and the cross-appeal was dismissed.

Court Disposition

Appeal allowed in part; cross-appeal dismissed.

Orders

  • ['The appeal be allowed in part.' 'The judgment below be set aside and in lieu thereof there be judgment for $315,952.35.' 'The cross-appeal be dismissed.' "The defendant pay the plaintiff's costs of the two limbs of the appeal."]