NOMINAL DEFENDANT v ISHAC [1997] NSWCA 226

NOMINAL DEFENDANT v ISHAC [1997] NSWCA 226

The trial judge's assessment of 55 per cent for non-economic loss was wholly erroneous given the medical evidence and respondent's disabilities; the appropriate percentage was 45 per cent. There was no error regarding the period or discount for future economic loss as respondent had stabilised and evidence did not justify further reduction.

Parties
Appellant: Nominal Defendant; Respondent: Ishac
Jurisdiction
Australia
Judgment Date
14 November 1997
Procedural Posture
Appeal / Final
Outcome
appeal allowed
Legal Topics
Damages, Motor Vehicle Accidents, Personal Injury
Tort Law Damages Motor Vehicle Accidents Personal Injury

Case Brief

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Parties

Nominal Defendant

Appellant

Ishac

Respondent

Procedural Posture

Appeal / Final

Legal Issues

  1. 1 appropriateness of percentage assessment for non-economic loss under the Motor Accidents Act
  2. 2 proper calculation and discount for future economic loss in light of addiction history

Ratio Decidendi

The trial judge's assessment of 55 per cent for non-economic loss was wholly erroneous given the medical evidence and respondent's disabilities; the appropriate percentage was 45 per cent. There was no error regarding the period or discount for future economic loss as respondent had stabilised and evidence did not justify further reduction.

Court Disposition

appeal allowed

Orders

  • Set aside the judgment entered by Garling DCJ on 19 June 1997.
  • Direct entry of judgment in favour of the respondent in the sum of $209,764.