Fowler & Anor v Garcia [1999] NSWCA 119

Fowler & Anor v Garcia [1999] NSWCA 119

The appeal and cross-appeal were allowed because the assessed date of career progression was incorrect, the award for non-economic loss was too low, and interest should have been awarded on past economic loss under s.73 of the Motor Accidents Act, given the defendant's unreasonable offer.

Jurisdiction
Australia
Judgment Date
06 May 1999
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; cross appeal allowed.
Legal Topics
['motor Vehicle Accident' 'quantum' 'non Economic Loss' 'interest Calculation' 'contributory Negligence']
['negligence'] ['motor Vehicle Accident' 'quantum' 'non Economic Loss' 'interest Calculation' 'contributory Negligence']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['assessment of damages for non-economic loss' 'calculation of past and future economic loss' 'applicability of interest under s.73 Motor Accidents Act' 'reasonableness of offer for the purposes of awarding interest']

Ratio Decidendi

The appeal and cross-appeal were allowed because the assessed date of career progression was incorrect, the award for non-economic loss was too low, and interest should have been awarded on past economic loss under s.73 of the Motor Accidents Act, given the defendant's unreasonable offer.

Court Disposition

Appeal allowed; cross appeal allowed.

Orders

  • ['The verdict below should be set aside.' 'In lieu thereof, verdict for the respondent of $1,880,982.' 'Appellant to pay the costs of the cross-appeal.' 'No order as to costs of the appeal.']