GOEKE v NOMINAL DEFENDANT [1991] NSWCA 124

GOEKE v NOMINAL DEFENDANT [1991] NSWCA 124

The trial judge erred by using an average of four years during a period of high inflation, instead of the most recent unaffected fiscal year (1977) as the basis for assessing quantum. Damages must reflect actual loss with inflation properly accounted for.

Parties
Appellant: Goeke; Respondent: Nominal Defendant
Jurisdiction
Australia
Judgment Date
28 May 1991
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed with costs.
Legal Topics
Quantum of Damages, Personal Injury, Assessment of Economic Loss, Motor Vehicle Accident
Tort Law Quantum of Damages Personal Injury Assessment of Economic Loss Motor Vehicle Accident

Case Brief

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Parties

Goeke

Appellant

Nominal Defendant

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in principle by using an average of four years to determine pre-injury earnings for a self-employed tradesman.
  2. 2 Proper method for assessing past and future economic loss due to personal injury.

Ratio Decidendi

The trial judge erred by using an average of four years during a period of high inflation, instead of the most recent unaffected fiscal year (1977) as the basis for assessing quantum. Damages must reflect actual loss with inflation properly accounted for.

Court Disposition

Appeal allowed with costs.

Orders

  • Judgment for the plaintiff for $151,608.26 and costs set aside.
  • Substitute judgment for plaintiff for $262,806.77 and costs from 2 October 1986.