ROBERTS v WHITE [1999] NSWCA 12

ROBERTS v WHITE [1999] NSWCA 12

Damages for non-economic loss under s79(1) of the Motor Accidents Act 1988 (pre-September 1994 accidents) can only be awarded if, at the date of trial, the plaintiff is significantly impaired in leading a normal life. As the respondent's significant impairment lasted only 8 months and not at date of trial, no non-economic loss damages can be awarded. Binding authority compels this conclusion despite later judicial criticism of the relevant line of authority.

Parties
Appellant: James William Roberts; Respondent: Margaret White
Jurisdiction
Australia
Judgment Date
12 February 1999
Procedural Posture
Appeal / Judgment After Appeal From District Court
Outcome
Appeal allowed in part
Legal Topics
Damages Assessment, Measure of Damages, Non Economic Loss, Interpretation of Motor Accidents Act 1988 S79, Costs
Tort Law Civil Procedure Damages Assessment Measure of Damages Non Economic Loss Interpretation of Motor Accidents Act 1988 S79 Costs

Case Brief

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Parties

James William Roberts

Appellant

Margaret White

Respondent

Procedural Posture

Appeal / Judgment After Appeal From District Court

Legal Issues

  1. 1 Proper interpretation of 'is significantly impaired' in Motor Accidents Act 1988 s79(1)
  2. 2 Whether non-economic loss damages available where significant impairment has ceased before trial
  3. 3 Whether trial judge erred in assessment of damages

Ratio Decidendi

Damages for non-economic loss under s79(1) of the Motor Accidents Act 1988 (pre-September 1994 accidents) can only be awarded if, at the date of trial, the plaintiff is significantly impaired in leading a normal life. As the respondent's significant impairment lasted only 8 months and not at date of trial, no non-economic loss damages can be awarded. Binding authority compels this conclusion despite later judicial criticism of the relevant line of authority.

Court Disposition

Appeal allowed in part

Orders

  • Appeal allowed in part.
  • The verdict of $73,919.50 is set aside and a verdict of $15,729.50 substituted.