Allard v Jones Lang Lasalle (Vic) Pty Ltd [2014] NSWCA 325

Procedural Posture

Personal Injury Negligence Appeal Concerning Assessment of Damages and Contributory Negligence / Appeal and Cross Appeal From District Court Verdict and Judgment

Legal Issues

1. 1 ['Whether the primary judge erred in awarding past and future economic loss by way of a $25,000 buffer.' 'Whether the primary judge erred in assessing past gratuitous attendant care services, including by reducing care from six hours to four hours per week for the period 1 July 2010 to 24 September 2012.' 'Whether future attendant care should have been awarded on a commercial basis rather than a gratuitous basis.' 'Whether the primary judge erred in rejecting the defence of contributory negligence.' 'What apportionment of responsibility should be made if contributory negligence was established.']

Ratio Decidendi

The $25,000 buffer for economic loss was within the permissible range because the appellant's employment prospects but for the accident were highly uncertain, she had no recent paid employment history, faced labour market disadvantages, and had a vulnerable pre-existing degenerative condition. The primary judge erred in reducing past gratuitous care to four hours per week for 1 July 2010 to 24 September 2012 because the reason given was not supported by the evidence, warranting an additional $17,550. Future attendant care was properly assessed on the gratuitous basis because the appellant did not establish when family assistance would cease and commercial assistance would be required. The...

Court Disposition

Appeal allowed in part; cross-appeal allowed; damages reduced after contributory negligence to $257,220.

Orders

• ['Appeal allowed in part.' 'Cross-appeal allowed.' 'Set aside the verdict and judgment in favour of the appellant in the sum of $303,974 and substitute a verdict and judgment for the appellant in the sum of $257,220.' "The appellant to pay the respondent's costs of the appeal and the cross-appeal but to have with...