REEDY v HARRIS and ANOR [1997] NSWCA 261

REEDY v HARRIS and ANOR [1997] NSWCA 261

The appeal was allowed because the trial judge erred by making an unsupportable deduction for post-accident earnings, failing to account for a period of reduced earning capacity during rehabilitation, and inconsistently applying vicissitudes to assessment of past and future loss. The Court of Appeal reassessed damages on a broader basis, aligning periods of unemployment, rehabilitation impact, and using concrete earnings evidence.

Parties
Appellant: Reedy; Respondent: Harris and Anor
Jurisdiction
Australia
Judgment Date
17 September 1997
Procedural Posture
Plaintiff's Appeal on Quantum / Appeal (court of Appeal) From District Court
Outcome
Appeal allowed
Legal Topics
Damages for Loss of Earning Capacity, Assessment of Past and Future Economic Loss, Deduction for Post Accident Earnings
Torts Personal Injury Damages for Loss of Earning Capacity Assessment of Past and Future Economic Loss Deduction for Post Accident Earnings

Case Brief

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Parties

Reedy

Appellant

Harris and Anor

Respondent

Procedural Posture

Plaintiff's Appeal on Quantum / Appeal (court of Appeal) From District Court

Legal Issues

  1. 1 Whether the trial judge erred in deducting $5,000 for post-accident earnings
  2. 2 Whether the assessment of the appellant's lost earning capacity was correct
  3. 3 Whether the trial judge's calculation of past economic loss adequately accounted for periods of unemployability and rehabilitation

Ratio Decidendi

The appeal was allowed because the trial judge erred by making an unsupportable deduction for post-accident earnings, failing to account for a period of reduced earning capacity during rehabilitation, and inconsistently applying vicissitudes to assessment of past and future loss. The Court of Appeal reassessed damages on a broader basis, aligning periods of unemployment, rehabilitation impact, and using concrete earnings evidence.

Court Disposition

Appeal allowed

Orders

  • Verdict and judgment in the District Court set aside.
  • Verdict for the appellant in the sum to be calculated per these reasons.