Cupac v Cannone [2015] NSWCA 114

Cupac v Cannone [2015] NSWCA 114

The appeal failed because the primary judge adequately explained why he found that the appellant suffered soft tissue injuries producing a diminishing impairment of earning capacity, was entitled to take a middle course between the parties' competing medical positions, and disclosed no appellable error in the approximate assessment of past and future economic loss, including by not expressly adding a separate inflation factor.

Jurisdiction
Australia
Judgment Date
06 May 2015
Procedural Posture
Motor Accidents Compensation Appeal Concerning Assessment of Damages / Appeal From the District Court of New South Wales Judgment in Cupac V Cannone [2014] NSWDC 16
Outcome
Appeal dismissed; the appellant was ordered to pay the respondent's costs of the appeal.
Legal Topics
['past Economic Loss' 'future Economic Loss' 'residual Earning Capacity' 'adequacy of Reasons' 'conflicting Expert Medical Opinions' 'inflation in Damages Assessment' 'failure to Mitigate Loss']
['motor Accidents Compensation' 'personal Injury Damages' 'civil Procedure'] ['past Economic Loss' 'future Economic Loss' 'residual Earning Capacity' 'adequacy of Reasons' 'conflicting Expert Medical Opinions' 'inflation in Damages Assessment' 'failure to Mitigate Loss']

Case Brief

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Procedural Posture

Motor Accidents Compensation Appeal Concerning Assessment of Damages / Appeal From the District Court of New South Wales Judgment in Cupac V Cannone [2014] NSWDC 16

Legal Issues

  1. 1 ['Whether the primary judge erred by failing to increase the net weekly earnings figure to reflect consumer price index increases from the date of accident to trial.' 'Whether the primary judge erred in assessing past economic loss on the basis that the appellant was gradually improving and had a residual earning capacity increasing over time.' 'Whether the primary judge erred in assessing future economic loss on the basis of a continuing incapacity of $150 per week for 15 years.' 'Whether the primary judge failed to give adequate reasons for the determinations of past and future economic loss.']

Ratio Decidendi

The appeal failed because the primary judge adequately explained why he found that the appellant suffered soft tissue injuries producing a diminishing impairment of earning capacity, was entitled to take a middle course between the parties' competing medical positions, and disclosed no appellable error in the approximate assessment of past and future economic loss, including by not expressly adding a separate inflation factor.

Court Disposition

Appeal dismissed; the appellant was ordered to pay the respondent's costs of the appeal.

Orders

  • ['Appeal dismissed.' "The appellant pay the respondent's costs of the appeal."]