RAYNER v McQUEEN [1997] NSWCA 260

RAYNER v McQUEEN [1997] NSWCA 260

The degree of contributory negligence assessed by the trial judge was within his broad discretion and should stand; however, the damages awarded for non-economic loss, past loss of earnings, and future loss of earning capacity were wholly disproportionate to the circumstances, warranting adjustment upward.

Parties
Appellant: Rayner; Respondent: McQueen
Jurisdiction
Australia
Judgment Date
15 August 1997
Procedural Posture
Appeal / Decision
Outcome
Appeal allowed
Legal Topics
Damages, Contributory Negligence, Assessment of Damages, Non Economic Loss, Past and Future Loss of Earnings
Tort Personal Injury Motor Vehicle Accident Damages Contributory Negligence Assessment of Damages Non Economic Loss Past and Future Loss of Earnings

Case Brief

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Parties

Rayner

Appellant

McQueen

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the degree of contributory negligence found by the trial judge was excessive
  2. 2 Whether the damages for non-economic loss and past and future loss of wages were excessively low

Ratio Decidendi

The degree of contributory negligence assessed by the trial judge was within his broad discretion and should stand; however, the damages awarded for non-economic loss, past loss of earnings, and future loss of earning capacity were wholly disproportionate to the circumstances, warranting adjustment upward.

Court Disposition

Appeal allowed

Orders

  • Damages for non-economic loss to be recalculated as 40% of the most extreme case
  • Damages for past economic loss to be recalculated at $360 per week between accident and trial, less agreed actual earnings