DE GROOT v DARLING [1994] NSWCA 81

DE GROOT v DARLING [1994] NSWCA 81

The plaintiff satisfied the evidentiary and statutory thresholds to warrant awards for non-economic and past economic loss; the trial judge's refusal to grant these heads of damage was in error.

Parties
Appellant: De Groot; Respondent: Darling
Jurisdiction
Australia
Judgment Date
08 July 1994
Procedural Posture
Appeal / Judgment After Appeal
Outcome
appeal allowed
Legal Topics
Motor Vehicle Accident, Assessment of Damages, Non Economic Loss, Economic Loss
Damages Torts Motor Vehicle Accident Assessment of Damages Non Economic Loss Economic Loss

Case Brief

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Parties

De Groot

Appellant

Darling

Respondent

Procedural Posture

Appeal / Judgment After Appeal

Legal Issues

  1. 1 Whether claims for non-economic loss and past economic loss were made out under the Motor Accident Act, 1988

Ratio Decidendi

The plaintiff satisfied the evidentiary and statutory thresholds to warrant awards for non-economic and past economic loss; the trial judge's refusal to grant these heads of damage was in error.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Set aside the judgment of McDevitt DCJ except as to liability and costs.