Parker v Wish Designs Pty Ltd [2014] NSWCA 401

Parker v Wish Designs Pty Ltd [2014] NSWCA 401

The appeal was dismissed because the trial judge applied the correct principles to the assessment of damages based on how the appellant's case was advanced at trial. The judge found the appellant had a partial diminution of earning capacity, and awarded damages commensurate with an average net weekly loss of $100 from July 2009. Arguments seeking a different or increased assessment were inconsistent with the way the case was put below and unsupported by the trial findings.

Jurisdiction
Australia
Judgment Date
24 November 2014
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['measure of Damages' 'economic Loss' 'loss of Earning Capacity' 'assessment of Damages']
['damages' 'personal Injury' 'tort Law'] ['measure of Damages' 'economic Loss' 'loss of Earning Capacity' 'assessment of Damages']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in fixing damages for past economic loss by reference to the mathematical difference between pre- and post-injury earnings' "Whether proper regard was had to the appellant's loss of economic capacity" 'Whether the approach was consistent with the pleaded and advanced claim' "Whether necessary findings were made to support the appellant's case on appeal"]

Ratio Decidendi

The appeal was dismissed because the trial judge applied the correct principles to the assessment of damages based on how the appellant's case was advanced at trial. The judge found the appellant had a partial diminution of earning capacity, and awarded damages commensurate with an average net weekly loss of $100 from July 2009. Arguments seeking a different or increased assessment were inconsistent with the way the case was put below and unsupported by the trial findings.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal be dismissed with costs.']