Weideck v Williams [1999] NSWCA 346

Procedural Posture

Appeal in a Personal Injury Damages Proceeding / Appeal From the Judgment of Adams J in the Supreme Court Common Law Division

Legal Issues

1. 1 ["Whether the trial judge erred in allowing the cost of purchasing land and constructing a basic house, less future notional rent, as part of the damages for the respondent's accommodation needs." 'Whether damages for accommodation should be limited to the marginal cost of modifying or obtaining a home suitable for the injured plaintiff.' 'Whether an allowance should be made for the diversion of damages funds from income earning purposes to acquisition of accommodation assets.' 'Whether a deduction should be made for the capital value of air-conditioning and a swimming pool allowed as modification extras.']

Ratio Decidendi

The trial judge erred by failing to make allowance for the capital asset benefit conferred by including the cost of house and land in the damages, but the appellant's proposed absolute rule excluding the cost of a notional basic home was rejected because accommodation damages must depend on the facts of the particular case. On the respondent's facts, the proper adjustment was to allow for the loss from diverting $110,453 to accommodation, resulting in a reduction of $59,685. No further deduction was made for the alleged capital value of the swimming pool and air-conditioning because the trial judge's treatment of modifications accorded with general practice and there was no expert...

Court Disposition

Appeal allowed; damages reduced by $59,685 to $1,743,376; no order as to costs.

Orders

• ['Appeal allowed.' 'The award of damages is reduced by $59,685 to $1,743,376.' 'No order as to costs.']