HAY v HAY [1996] NSWCA 243

HAY v HAY [1996] NSWCA 243

The trial judge failed to account for the genuine possibility of reduction in future earning capacity due to the appellant's injuries, specifically the ongoing disability in his clavicle and potential future arthritic change in his hip, which warranted an additional allowance for future economic loss. However, the appellant failed to provide evidence justifying a separate award for loss of business opportunity.

Parties
Appellant: Anthony Hay; Respondent: Mark Hay
Jurisdiction
Australia
Judgment Date
22 November 1996
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Negligence, Personal Injury, Damages, Future Economic Loss, Contributory Negligence
Torts Motor Vehicle Accidents Negligence Personal Injury Damages Future Economic Loss Contributory Negligence

Case Brief

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Parties

Anthony Hay

Appellant

Mark Hay

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in failing to properly account for the appellant's future economic loss resulting from his injuries.
  2. 2 Whether damages ought to have been awarded for loss of business opportunity.

Ratio Decidendi

The trial judge failed to account for the genuine possibility of reduction in future earning capacity due to the appellant's injuries, specifically the ongoing disability in his clavicle and potential future arthritic change in his hip, which warranted an additional allowance for future economic loss. However, the appellant failed to provide evidence justifying a separate award for loss of business opportunity.

Court Disposition

appeal allowed in part

Orders

  • Set aside the judgment of Newman J of 15 March 1996.
  • Award a lump sum of $25,000 for future economic loss in addition to $10,000 for future medical expenses.