BALDWIN v LISICIC [1993] NSWCA 18

BALDWIN v LISICIC [1993] NSWCA 18

Several errors in the primary assessment of damages warranted full reassessment; travel expenses to England for treatment were reasonably incurred, damages for gratuitous care should be based on commercial rates, interest on past general damages should be allowed, fresh evidence regarding future dental treatment is admissible, and future medical and dental costs should be included.

Parties
Appellant: Joan Baldwin; Respondent: Rosemary Lisicic; Respondent: Marin Lisicic
Jurisdiction
Australia
Judgment Date
20 April 1993
Procedural Posture
Appeal / Court of Appeal, Reassessment of Damages
Outcome
Appeal allowed; damages reassessed.
Legal Topics
Assessment of Damages, Motor Vehicle Accident, Gratuitous Services, Interest on Damages, Fresh Evidence, Economic Loss Calculation, Travel Expenses for Medical Treatment
Torts Damages Personal Injury Assessment of Damages Motor Vehicle Accident Gratuitous Services Interest on Damages Fresh Evidence +2 more

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Parties

Joan Baldwin

Appellant

Rosemary Lisicic

Respondent

Marin Lisicic

Respondent

Procedural Posture

Appeal / Court of Appeal, Reassessment of Damages

Legal Issues

  1. 1 Whether the appellant is entitled to recover travel costs to England for medical treatment
  2. 2 Appropriate calculation of economic loss, including retirement age
  3. 3 Proper quantification of damages for gratuitous care

Ratio Decidendi

Several errors in the primary assessment of damages warranted full reassessment; travel expenses to England for treatment were reasonably incurred, damages for gratuitous care should be based on commercial rates, interest on past general damages should be allowed, fresh evidence regarding future dental treatment is admissible, and future medical and dental costs should be included.

Court Disposition

Appeal allowed; damages reassessed.

Orders

  • Set aside the judgment entered pursuant to the decision of the Master.
  • Order that the defendants pay to the plaintiff the sum of $472,984.13.