Bombala Council v Coombes [2008] NSWCA 40

Bombala Council v Coombes [2008] NSWCA 40

The appeal succeeded only on past economic loss. The non-economic loss award, although high, was not shown to be outside the range open on the accepted evidence of significant continuing pain, discomfort and psychiatric illness. The $50,000 future economic loss buffer was open given the respondent's reduced capacity...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 March 2008
Procedural Posture
Tort Negligence Personal Injuries Appeal as to Quantum of Damages / Appeal From District Court Damages Rehearing After Liability Had Been Established in the Court of Appeal
Outcome
Appeal allowed in part; verdict and judgment reduced to $235,945.83; costs order at first instance otherwise confirmed; appellant ordered to pay respondent's appeal costs on an indemnity basis from 7 November 2007.
Legal Topics
['quantum of Damages' 'past Economic Loss' 'future Economic Loss' 'non Economic Loss' 'indemnity Costs After Offer of Compromise']
['tort' 'negligence' 'personal Injury' 'damages' 'civil Procedure'] ['quantum of Damages' 'past Economic Loss' 'future Economic Loss' 'non Economic Loss' 'indemnity Costs After Offer of Compromise']

Source-derived case record

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Procedural Posture

Tort Negligence Personal Injuries Appeal as to Quantum of Damages / Appeal From District Court Damages Rehearing After Liability Had Been Established in the Court of Appeal

Legal Issues

  1. 1 ["Whether the trial judge's assessment of non-economic loss at 30% of a most extreme case was excessive or outside the range open on the evidence" 'Whether the award of $50,000 as a cushion or buffer for future economic loss was excessive' 'Whether the trial judge erred in assessing past economic loss by treating incapacity as the only issue and failing to allow for the possibility of delays in obtaining employment even if uninjured' "Whether the costs of the appeal should be affected by the respondent's 7 November 2007 offer of compromise"]

Ratio Decidendi

The appeal succeeded only on past economic loss. The non-economic loss award, although high, was not shown to be outside the range open on the accepted evidence of significant continuing pain, discomfort and psychiatric illness. The $50,000 future economic loss buffer was open given the respondent's reduced capacity to compete and possible future deterioration. The trial judge erred in treating incapacity as the only issue for past economic loss and in not allowing for the chance that, even uninjured, the respondent would have experienced delays in obtaining full-time fashion industry employment at the later Chain Reaction remuneration level; mathematical corrections and a 20% deduction...

Court Disposition

Appeal allowed in part; verdict and judgment reduced to $235,945.83; costs order at first instance otherwise confirmed; appellant ordered to pay respondent's appeal costs on an indemnity basis from 7 November 2007.

Orders

  • ['Appeal allowed in part.' 'Vary the verdict and judgment made and entered on 18 May 2007 by substituting the sum of $235,945.83 for $267,416.74.' 'Otherwise confirm the costs order at first instance.' "As to the costs of the appeal there is no order as to the costs up to 7 November 2007 but that thereafter the...