Harvey v Restall & 2 Ors [2000] NSWSC 597

Harvey v Restall & 2 Ors [2000] NSWSC 597

Quantum of damages for catastrophic injury must reflect the substantial loss of amenities, earning capacity, need for care, and multiple heads of loss, with all calculations based on the evidence and expert opinion; life expectancy and vicissitudes are taken into account per expert assessment and actuarial tables. Allowances for special costs, e.g. for superannuation, long service leave, care, medical treatment, vacations, equipment, funds management, and childcare are to reflect realistic needs, with differential calculations under the Motor Accidents Act 1988 applied for statutory defendants.

Jurisdiction
Australia
Judgment Date
12 July 2000
Procedural Posture
Assessment of Damages (personal Injury – Motor Vehicle Accident) / Post Liability Judgment; Quantum/assessment of Damages
Outcome
Judgment for the plaintiff against all defendants; damages apportioned.
Legal Topics
['assessment of Damages' 'tetraplegia/quadriplegia' 'superannuation Loss' 'future Care Costs' 'general Damages' 'past and Future Economic Loss' 'interest' 'life Expectancy Adjustment']
['personal Injury Law' 'torts' 'motor Vehicle Accidents'] ['assessment of Damages' 'tetraplegia/quadriplegia' 'superannuation Loss' 'future Care Costs' 'general Damages' 'past and Future Economic Loss' 'interest' 'life Expectancy Adjustment']

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Procedural Posture

Assessment of Damages (personal Injury – Motor Vehicle Accident) / Post Liability Judgment; Quantum/assessment of Damages

Legal Issues

  1. 1 ['Appropriate quantum of damages for a tetraplegic plaintiff following a motor accident' 'How to calculate future economic loss, superannuation benefits, long service leave, care costs, and associated items' 'Appropriate allowance for life expectancy and vicissitudes of life' 'Appropriate methodology for calculations under the Motor Accidents Act 1988 (NSW)']

Ratio Decidendi

Quantum of damages for catastrophic injury must reflect the substantial loss of amenities, earning capacity, need for care, and multiple heads of loss, with all calculations based on the evidence and expert opinion; life expectancy and vicissitudes are taken into account per expert assessment and actuarial tables. Allowances for special costs, e.g. for superannuation, long service leave, care, medical treatment, vacations, equipment, funds management, and childcare are to reflect realistic needs, with differential calculations under the Motor Accidents Act 1988 applied for statutory defendants.

Court Disposition

Judgment for the plaintiff against all defendants; damages apportioned.

Orders

  • ['First defendant to pay the plaintiff $6,464,286.15' 'Second and third defendants to pay the plaintiff $8,660,881.70' 'Cross-claims resolved as detailed (various awards and adjustments among defendants for contribution and indemnity)' "Defendants to pay the plaintiff's costs as agreed or assessed; second defendant...