O'REGAN v STACK [1992] NSWCA 175

O'REGAN v STACK [1992] NSWCA 175

By majority, the assessment of damages did not disclose appealable error; the trial judge properly accepted medical evidence attributing emotional and psychiatric consequences to the accident and based past and future economic loss on the plaintiff's demonstrated earning capacity and psychiatric limitations.

Parties
Plaintiff: O'Regan; Defendant: Stack
Jurisdiction
Australia
Judgment Date
15 December 1992
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed by majority; Clarke JA dissenting
Legal Topics
Assessment of Damages, Motor Vehicle Accident
Personal Injury Assessment of Damages Motor Vehicle Accident

Case Brief

Summary, issues, holding and outcome

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Parties

O'Regan

Plaintiff

Stack

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Assessment of quantum of damages
  2. 2 Causation of mental and emotional injury
  3. 3 Compensation for future economic loss

Ratio Decidendi

By majority, the assessment of damages did not disclose appealable error; the trial judge properly accepted medical evidence attributing emotional and psychiatric consequences to the accident and based past and future economic loss on the plaintiff's demonstrated earning capacity and psychiatric limitations.

Court Disposition

Appeal dismissed by majority; Clarke JA dissenting

Orders

  • Appeal dismissed with costs