PARTRIDGE v GIO [1995] NSWCA 359

PARTRIDGE v GIO [1995] NSWCA 359

The Court of Appeal is bound by established High Court authority requiring assessment of loss of earning capacity on an after-tax basis and the application of conventional discounts for vicissitudes and management fee deductions. As the grounds raised by the appellant either sought to revisit authority binding on this Court or to introduce new evidence or arguments not ventilated at trial, and as no error was demonstrated in the exercise of the trial judge's discretion, the appeal must fail.

Parties
Appellant: Partridge; Respondent: GIO
Jurisdiction
Australia
Judgment Date
09 October 1995
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment of Damages, Loss of Earning Capacity, Discount for Vicissitudes, Management Fees, Application of After Tax Earnings, Prospects of Marriage in Damages
Torts Personal Injury Assessment of Damages Loss of Earning Capacity Discount for Vicissitudes Management Fees Application of After Tax Earnings Prospects of Marriage in Damages

Case Brief

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Parties

Partridge

Appellant

GIO

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether damages for loss of earning capacity should be assessed on after tax or gross earnings
  2. 2 Appropriateness of discounts for vicissitudes in damages assessment
  3. 3 Allowances for loss of financial support due to lost marriage prospects

Ratio Decidendi

The Court of Appeal is bound by established High Court authority requiring assessment of loss of earning capacity on an after-tax basis and the application of conventional discounts for vicissitudes and management fee deductions. As the grounds raised by the appellant either sought to revisit authority binding on this Court or to introduce new evidence or arguments not ventilated at trial, and as no error was demonstrated in the exercise of the trial judge's discretion, the appeal must fail.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.