MARK HILDER v TODD BEEVERS [1999] NSWCA 150

MARK HILDER v TODD BEEVERS [1999] NSWCA 150

The appellant's appeal succeeds in part: the respondent was guilty of contributory negligence for failing to have his headlights illuminated, and damages should be reduced by 20% but not 30%; the challenge to the future care award fails as damages should be assessed at the commercial rate, not the statutory rate, due to the evidentiary position accepted at trial and the likelihood the respondent will need to pay for such care in future.

Jurisdiction
Australia
Judgment Date
25 May 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
['contributory Negligence' 'motor Vehicle Accidents' 'calculation of Damages for Future Care']
['negligence' 'damages'] ['contributory Negligence' 'motor Vehicle Accidents' 'calculation of Damages for Future Care']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether there was contributory negligence by the respondent' 'Whether the award for future care was calculated on the appropriate basis']

Ratio Decidendi

The appellant's appeal succeeds in part: the respondent was guilty of contributory negligence for failing to have his headlights illuminated, and damages should be reduced by 20% but not 30%; the challenge to the future care award fails as damages should be assessed at the commercial rate, not the statutory rate, due to the evidentiary position accepted at trial and the likelihood the respondent will need to pay for such care in future.

Court Disposition

Appeal allowed in part

Orders

  • ['Damages reduced by a factor of 20% for contributory negligence' 'Parties to bring in Short Minutes to give effect to the judgment, including adjustment if moneys have already been paid and must be partially returned' 'Appellant to have costs of the appeal' "Respondent to have a certificate under the Suitor's Fund...