KNIGHT v CLARKE [1995] NSWCA 247

KNIGHT v CLARKE [1995] NSWCA 247

By considering the plaintiff's statistical life expectancy and making standard and increased discounts for adverse contingencies, the trial judge took proper account of the possibility of early death. There is no basis to reassess damages simply because the plaintiff died after trial but before appeal determination.

Parties
Plaintiff: Knight; Defendant: Clarke
Jurisdiction
Australia
Judgment Date
10 March 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Damages, Assessment of Damages, Motor Accidents Act, Premature Death, Life Expectancy
Tort Law Personal Injury Damages Assessment of Damages Motor Accidents Act Premature Death Life Expectancy

Case Brief

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Parties

Knight

Plaintiff

Clarke

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assessment of damages should be re-evaluated where the plaintiff dies between trial and appeal determination
  2. 2 Whether the trial judge failed to take into account the contingency of early death in assessing damages

Ratio Decidendi

By considering the plaintiff's statistical life expectancy and making standard and increased discounts for adverse contingencies, the trial judge took proper account of the possibility of early death. There is no basis to reassess damages simply because the plaintiff died after trial but before appeal determination.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs