McAneney v Rafaraci [2001] NSWCA 356

McAneney v Rafaraci [2001] NSWCA 356

The trial judge's assessment of non-economic loss was within an appropriate discretionary range, and the assessment of future economic loss at $300 per week for the composite claim of lost prospective overtime and general interference with earning capacity was open on the evidence; no error was shown.

Jurisdiction
Australia
Judgment Date
28 September 2001
Procedural Posture
Motor Vehicle Accident Personal Injury Damages Claim / Appeal From District Court Assessment of Damages
Outcome
Appeal dismissed with costs.
Legal Topics
['motor Vehicle Accident' 'assessment of Damages' 'non Economic Loss' 'future Economic Loss' 'loss of Earning Capacity' 'overtime']
['torts' 'personal Injury' 'appellate Procedure'] ['motor Vehicle Accident' 'assessment of Damages' 'non Economic Loss' 'future Economic Loss' 'loss of Earning Capacity' 'overtime']

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Procedural Posture

Motor Vehicle Accident Personal Injury Damages Claim / Appeal From District Court Assessment of Damages

Legal Issues

  1. 1 ['Whether the assessment of non-economic loss at 29% of a most serious case was erroneous.' 'Whether the assessment of future economic loss, including loss of potential overtime and general interference with earning capacity, disclosed error.']

Ratio Decidendi

The trial judge's assessment of non-economic loss was within an appropriate discretionary range, and the assessment of future economic loss at $300 per week for the composite claim of lost prospective overtime and general interference with earning capacity was open on the evidence; no error was shown.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']