Murdoch v Davis [2009] NSWCA 416

Murdoch v Davis [2009] NSWCA 416

The appeal was dismissed because the trial judge's awards for non-economic loss, economic loss, superannuation, domestic assistance and future medication costs were open on the evidence. The trial judge was entitled to rely on video evidence and adverse credibility findings, to find that the left shoulder symptoms were not caused by the accident, to assess earning capacity at $500 per week in the absence of evidence supporting a higher rate, to treat superannuation loss as consequential on that economic loss assessment, to assess future care at 10 hours per week after rejecting the higher claimed care needs, and to refuse any additional allowance for medication costs beyond Pharmaceutical...

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Appeal Against an Award of Damages for Injuries Suffered in a Motor Vehicle Accident / New South Wales Court of Appeal From the District Court Decision of Garling DCJ Dated 19 December 2008
Outcome
Appeal dismissed with costs.
Legal Topics
['non Economic Loss' 'past and Future Economic Loss' 'domestic Assistance' 'future Medical and Medication Expenses' 'superannuation Loss' 'causation of Injuries' 'appellate Review of Damages Assessment']
['personal Injury' 'motor Vehicle Accidents' 'damages' 'civil Appeals'] ['non Economic Loss' 'past and Future Economic Loss' 'domestic Assistance' 'future Medical and Medication Expenses' 'superannuation Loss' 'causation of Injuries' 'appellate Review of Damages Assessment']

Case Brief

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Procedural Posture

Appeal Against an Award of Damages for Injuries Suffered in a Motor Vehicle Accident / New South Wales Court of Appeal From the District Court Decision of Garling DCJ Dated 19 December 2008

Legal Issues

  1. 1 ["Whether the award of general damages was manifestly insufficient having regard to the appellant's physical and psychological injuries." "Whether the trial judge erred by not treating the appellant's left shoulder symptoms as accident-related." 'Whether the awards for past and future economic loss were inadequate because they did not reflect company earnings or average weekly earnings.' 'Whether the awards for past and future loss of superannuation were manifestly insufficient.' 'Whether the trial judge erred in assessing domestic assistance at 10 hours per week rather than the higher level claimed.' 'Whether future medication costs should have been awarded without reduction for Pharmaceutical Benefits Scheme entitlements.']

Ratio Decidendi

The appeal was dismissed because the trial judge's awards for non-economic loss, economic loss, superannuation, domestic assistance and future medication costs were open on the evidence. The trial judge was entitled to rely on video evidence and adverse credibility findings, to find that the left shoulder symptoms were not caused by the accident, to assess earning capacity at $500 per week in the absence of evidence supporting a higher rate, to treat superannuation loss as consequential on that economic loss assessment, to assess future care at 10 hours per week after rejecting the higher claimed care needs, and to refuse any additional allowance for medication costs beyond Pharmaceutical...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']