EDWARD MIZZI v MURGATROYD NOLA JOAN MIZZI v MURGATROYD [1989] NSWCA 145

EDWARD MIZZI v MURGATROYD NOLA JOAN MIZZI v MURGATROYD [1989] NSWCA 145

Once the trial judge found that the appellants suffered ongoing disabilities impacting their earning capacity, it was incumbent to consider compensation in the form of a cushioning award against future risk, even in the absence of loss quantifiable by fixed weekly rates. The failure to award adequate damages for impaired earning capacity was an error, requiring increases in the awards.

Parties
Appellant: Edward Mizzi; Appellant: Nola Joan Mizzi; Respondent: Murgatroyd
Jurisdiction
Australia
Judgment Date
10 March 1989
Procedural Posture
Appeal / Judgment
Outcome
Appeals allowed. Awards of damages to both appellants increased.
Legal Topics
Damages, Impairment of Earning Capacity, Assessment of Damages
Torts Personal Injury Damages Impairment of Earning Capacity Assessment of Damages

Case Brief

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Parties

Edward Mizzi

Appellant

Nola Joan Mizzi

Appellant

Murgatroyd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing damages for impairment of earning capacity for Edward Mizzi and Nola Joan Mizzi after a motor vehicle accident.

Ratio Decidendi

Once the trial judge found that the appellants suffered ongoing disabilities impacting their earning capacity, it was incumbent to consider compensation in the form of a cushioning award against future risk, even in the absence of loss quantifiable by fixed weekly rates. The failure to award adequate damages for impaired earning capacity was an error, requiring increases in the awards.

Court Disposition

Appeals allowed. Awards of damages to both appellants increased.

Orders

  • Judgment for Edward Mizzi increased by $25,000 to a total of $70,242.80 from 2 October 1987.
  • Judgment for Nola Joan Mizzi increased by $60,000 to a total of $148,205 from 2 October 1987.