GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v LUONG [1992] NSWCA 87

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v LUONG [1992] NSWCA 87

The trial judge was entitled to prefer the evidence of certain expert witnesses regarding the plaintiff's brain damage and residual economic capacity, and the appellate court should not disturb these findings given the position of advantage principle from Abalos and related cases. The judge's allowance for past economic loss was proper, subject to an agreed variation on the calculation of interest.

Parties
Appellant/defendant: Government Insurance Office of New South Wales; Respondent/plaintiff: Luong
Jurisdiction
Australia
Judgment Date
02 April 1992
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Judgment below set aside; judgment substituted for $331,047; appeal otherwise dismissed with costs.
Legal Topics
Motor Vehicle Accidents, Assessment of Expert Evidence, Compensation for Brain Injury
Tort Law Personal Injury Motor Vehicle Accidents Assessment of Expert Evidence Compensation for Brain Injury

Case Brief

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Parties

Government Insurance Office of New South Wales

Appellant/defendant

Luong

Respondent/plaintiff

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the trial judge was in a position of advantage in assessing expert evidence regarding brain damage
  2. 2 Whether proper allowance was made for past economic loss

Ratio Decidendi

The trial judge was entitled to prefer the evidence of certain expert witnesses regarding the plaintiff's brain damage and residual economic capacity, and the appellate court should not disturb these findings given the position of advantage principle from Abalos and related cases. The judge's allowance for past economic loss was proper, subject to an agreed variation on the calculation of interest.

Court Disposition

Judgment below set aside; judgment substituted for $331,047; appeal otherwise dismissed with costs.

Orders

  • Judgment below set aside.
  • In lieu thereof, judgment for $331,047 to date from 12 December 1990.