Bridge Printery Pty Ltd v Mestre [1999] NSWCA 342

Bridge Printery Pty Ltd v Mestre [1999] NSWCA 342

Damages for past economic loss must be reduced for periods where incapacity would have existed for reasons independent of the work injury (i.e., the heart attack). Future economic loss should be calculated on the basis of retirement at age 65, and should include a discount for vicissitudes reflecting the respondent's health condition. The original judgment was set aside and judgment substituted for the respondent on the adjusted basis described.

Parties
Appellant: Bridge Printery Pty Ltd; Respondent: Jose Mestre
Jurisdiction
Australia
Judgment Date
05 October 1999
Procedural Posture
Appeal / Judgment on Appeal From the Supreme Court (trial Before Master Harrison)
Outcome
Appeal allowed with costs. Judgment below set aside. Judgment entered for respondent for adjusted amount: past economic loss reduced by wages lost from 3 June 1988 to 31 December 1988; future economic loss calculated to age 65 and reduced by 15% (Mason P/Davies AJA) or 25% (Fitzgerald JA) for vicissitudes.
Legal Topics
Damages, Economic Loss, Retirement Age, Vicissitudes, Causation
Personal Injury Tort Law Damages Economic Loss Retirement Age Vicissitudes Causation

Case Brief

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Parties

Bridge Printery Pty Ltd

Appellant

Jose Mestre

Respondent

Procedural Posture

Appeal / Judgment on Appeal From the Supreme Court (trial Before Master Harrison)

Legal Issues

  1. 1 Whether the damages for past economic loss should be reduced due to the respondent's post-injury heart attack
  2. 2 Whether future economic loss should be calculated on the basis of retirement at age 65 or 70
  3. 3 Whether an appropriate discount for vicissitudes was applied

Ratio Decidendi

Damages for past economic loss must be reduced for periods where incapacity would have existed for reasons independent of the work injury (i.e., the heart attack). Future economic loss should be calculated on the basis of retirement at age 65, and should include a discount for vicissitudes reflecting the respondent's health condition. The original judgment was set aside and judgment substituted for the respondent on the adjusted basis described.

Court Disposition

Appeal allowed with costs. Judgment below set aside. Judgment entered for respondent for adjusted amount: past economic loss reduced by wages lost from 3 June 1988 to 31 December 1988; future economic loss calculated to age 65 and reduced by 15% (Mason P/Davies AJA) or 25% (Fitzgerald JA) for vicissitudes.

Orders

  • Allow the appeal with costs.
  • Set aside the judgment below.