Matar v Jones [2011] NSWCA 304

Matar v Jones [2011] NSWCA 304

The finding that the appellant's disclosed income included the second taxi plate lease payments was glaringly improbable and contrary to compelling inferences, so the primary judge erred in deducting $330 per week from the $430 net weekly income figure when assessing economic loss. The appellant's non-disclosure of lease payments for income tax purposes affected credit but did not preclude damages based on true earnings where receipt of that income was proved. However, the claim for loss of opportunity to earn capital profits failed because the appellant did not establish that the sale of the taxi plates was causally connected to his injuries, and the primary judge's credit-based finding...

Jurisdiction
Australia
Judgment Date
22 September 2011
Procedural Posture
Appeal in Motor Vehicle Accident Damages Proceedings / Court of Appeal From Decision of Delaney DCJ
Outcome
Appeal allowed in part.
Legal Topics
['past Loss of Earnings' 'future Lost Earning Capacity' 'undisclosed Income for Taxation Purposes' 'loss of Opportunity to Earn Capital Profits' 'appellate Review of Credit Based Findings' 'causation']
['torts' 'damages' 'motor Vehicle Accidents'] ['past Loss of Earnings' 'future Lost Earning Capacity' 'undisclosed Income for Taxation Purposes' 'loss of Opportunity to Earn Capital Profits' 'appellate Review of Credit Based Findings' 'causation']

Case Brief

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Procedural Posture

Appeal in Motor Vehicle Accident Damages Proceedings / Court of Appeal From Decision of Delaney DCJ

Legal Issues

  1. 1 ["Whether the primary judge erred in finding that the appellant's pre-injury earnings disclosed in tax returns included income from both taxi driving and lease payments for a second taxi plate." "Whether the appellant's failure to disclose taxi plate lease payments for income tax purposes precluded recovery of damages based on his true earnings." 'Whether the appellant established a causal connection between his injuries and the sale of his taxi plates so as to recover damages for loss of opportunity to earn capital profits.' "Whether the primary judge erred in assessing the appellant's residual earning capacity, credibility, surveillance evidence, injuries and disabilities."]

Ratio Decidendi

The finding that the appellant's disclosed income included the second taxi plate lease payments was glaringly improbable and contrary to compelling inferences, so the primary judge erred in deducting $330 per week from the $430 net weekly income figure when assessing economic loss. The appellant's non-disclosure of lease payments for income tax purposes affected credit but did not preclude damages based on true earnings where receipt of that income was proved. However, the claim for loss of opportunity to earn capital profits failed because the appellant did not establish that the sale of the taxi plates was causally connected to his injuries, and the primary judge's credit-based finding...

Court Disposition

Appeal allowed in part.

Orders

  • ['Appeal allowed in part.' 'Direct the parties, if they are able to agree as to the amount of damages recalculated in accordance with this judgment, to lodge with the Court within seven days of the date of this judgment a form of consent order to be made by the Court in chambers.' 'Direct that if the parties are...