HAYES v PETROV [1996] NSWCA 244
There was neither the evidence nor the factual findings necessary to sustain the trial judge’s award for non-economic loss based upon 18 percent impairment; the plaintiff’s pre-existing diminished ability to lead a normal life was not shown, on the civil standard, to have been significantly impaired by the 1990 accident.
- Parties
- Plaintiff: Hayes; Defendant: Petrov
- Jurisdiction
- Australia
- Judgment Date
- 01 July 1996
- Procedural Posture
- Civil / Appeal
- Outcome
- Appeal allowed. Award for non-economic loss set aside. Judgment for plaintiff reduced to award for out-of-pocket expenses.
- Legal Topics
- Motor Vehicle Accident, Damages, Non Economic Loss, Impairment of Ability to Lead Normal Life
Case Brief
Summary, issues, holding and outcome
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Parties
Hayes
Plaintiff
Petrov
Defendant
Procedural Posture
Civil / Appeal
Legal Issues
- 1 Whether the plaintiff's ability to lead a normal life was significantly impaired by the 1990 accident given pre-existing impairment
- 2 Effect of aggravated pre-accident condition on entitlement to damages for non-economic loss under s79(1) Motor Accidents Act 1988
Ratio Decidendi
There was neither the evidence nor the factual findings necessary to sustain the trial judge’s award for non-economic loss based upon 18 percent impairment; the plaintiff’s pre-existing diminished ability to lead a normal life was not shown, on the civil standard, to have been significantly impaired by the 1990 accident.
Court Disposition
Appeal allowed. Award for non-economic loss set aside. Judgment for plaintiff reduced to award for out-of-pocket expenses.
Orders
- Appeal allowed with costs.
- Award for non-economic loss set aside.
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