Tchen v The Nominal Defendant [2010] NSWCA 245
On the balance of probabilities, the injuries to the appellant's right knee identified by arthroscopy were caused by the motor vehicle accident. The appellant's chance of obtaining employment post-injury (10%) was not so low as to be disregarded, warranting compensation for lost opportunity.
- Jurisdiction
- Australia
- Judgment Date
- 29 September 2010
- Procedural Posture
- Appeal / Post Trial Appellate Decision
- Outcome
- Appeal allowed
- Legal Topics
- ['assessment of Damages' 'causation' 'future Economic Loss' 'gratuitous Domestic Care' 'motor Vehicle Accident Compensation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Post Trial Appellate Decision
Legal Issues
- 1 ["Whether injury to appellant's right knee was caused by motor vehicle accident" "Whether appellant's lost opportunity to gain employment was compensable" 'Whether a buffer should have been awarded for future economic loss' 'Entitlement to damages for past and future domestic assistance']
Ratio Decidendi
On the balance of probabilities, the injuries to the appellant's right knee identified by arthroscopy were caused by the motor vehicle accident. The appellant's chance of obtaining employment post-injury (10%) was not so low as to be disregarded, warranting compensation for lost opportunity.
Court Disposition
Appeal allowed
Orders
- ['Order 1 made by primary Judge set aside' 'Judgment entered in favour of appellant against respondent for $72,588.24' "Respondent to pay appellant's costs of appeal"]
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