HEAD v AUSTRALIAN AIRLINES [1994] NSWCA 125

HEAD v AUSTRALIAN AIRLINES [1994] NSWCA 125

The trial judge's minor error in referencing Medicare benefits was immaterial to the final award, and there was no material error in the assessment of future medical expenses, past loss of earnings, or future loss of earning capacity. The findings as to the appellant's residual earning capacity and the reasonableness of projected medical expenses were supported by the evidence and not shown to be in error.

Parties
Appellant: Head; Respondent: Australian Airlines
Jurisdiction
Australia
Judgment Date
17 November 1994
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment of Damages, Industrial Accident, Loss of Earning Capacity, Future Medical Expenses, Medical Benefits Deduction, Chronic Pain Syndrome
Tort Law Personal Injury Damages Assessment of Damages Industrial Accident Loss of Earning Capacity Future Medical Expenses Medical Benefits Deduction +1 more

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Parties

Head

Appellant

Australian Airlines

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for future medical expenses, past loss of earnings, and future loss of earning capacity
  2. 2 Whether an allowance should have been made for Medicare benefits in damages
  3. 3 Whether the assessment adequately accounted for medical evidence regarding the future need for treatment and medication

Ratio Decidendi

The trial judge's minor error in referencing Medicare benefits was immaterial to the final award, and there was no material error in the assessment of future medical expenses, past loss of earnings, or future loss of earning capacity. The findings as to the appellant's residual earning capacity and the reasonableness of projected medical expenses were supported by the evidence and not shown to be in error.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.