COLEMAN v NEWBY [1991] NSWCA 59

COLEMAN v NEWBY [1991] NSWCA 59

Interest must be averaged and not merely applied at a flat rate; the difference in calculation for future economic loss was too slight to warrant adjustment and should be disregarded.

Source-derived case information.

Parties
Appellant: Coleman; Respondent: Newby
Jurisdiction
Australia
Judgment Date
12 November 1991
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Motor Vehicle Accident, Interest on Damages, Future Economic Loss
Torts Personal Injury Motor Vehicle Accident Interest on Damages Future Economic Loss

Source-derived case record

Summary, issues, holding and outcome

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Parties

Coleman

Appellant

Newby

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in applying interest at a flat rate instead of averaging.
  2. 2 Whether the calculation for future economic loss was properly discounted for promotional probabilities.

Ratio Decidendi

Interest must be averaged and not merely applied at a flat rate; the difference in calculation for future economic loss was too slight to warrant adjustment and should be disregarded.

Court Disposition

appeal allowed in part

Orders

  • The judgment be set aside.
  • Judgment for $466,401.33 substituted with judgment for $460,273.33.