Kay v Murray Irrigation Limited [2009] NSWSC 1411

Kay v Murray Irrigation Limited [2009] NSWSC 1411

The court held that the amendments to the Trade Practices Act apply because the relevant contravention (injury caused by the defective footboard) occurred after the commencement date; damages are to be assessed taking into account the structure and effective control of the farming enterprise by the plaintiff; past and future economic loss should reflect reliable evidence and reasonable imprecision, with adjustments for pre-existing injury, business structure, and vicissitudes. The quantum of damages is assessed as set out in the attached schedule, totaling $359,815.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Tort Negligence/personal Injury and Statutory Claim / Judgment After Trial; Assessment of Damages Following Admission of Liability
Outcome
Judgment for the plaintiff with damages awarded; costs reserved; liberty to restore on short notice.
Legal Topics
['negligence' 'personal Injury' 'product Liability' 'assessment of Damages' 'statutory Interpretation']
['torts' 'trade and Commerce' 'damages'] ['negligence' 'personal Injury' 'product Liability' 'assessment of Damages' 'statutory Interpretation']

Case Brief

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Procedural Posture

Tort Negligence/personal Injury and Statutory Claim / Judgment After Trial; Assessment of Damages Following Admission of Liability

Legal Issues

  1. 1 ['Whether damages for injury caused by defective concrete footboard are to be assessed at common law or under the Civil Liability Act 2002; application of the Trade Practices Act 1974 (Cth) transitional provisions; quantification of past and future economic loss; effect of pre-existing injury on damages; role of farming business structure (trust/company) in assessment of damages; validity and quantum of claims for domestic care and out-of-pocket expenses']

Ratio Decidendi

The court held that the amendments to the Trade Practices Act apply because the relevant contravention (injury caused by the defective footboard) occurred after the commencement date; damages are to be assessed taking into account the structure and effective control of the farming enterprise by the plaintiff; past and future economic loss should reflect reliable evidence and reasonable imprecision, with adjustments for pre-existing injury, business structure, and vicissitudes. The quantum of damages is assessed as set out in the attached schedule, totaling $359,815.

Court Disposition

Judgment for the plaintiff with damages awarded; costs reserved; liberty to restore on short notice.

Orders

  • ['Judgment in favour of the plaintiff in the amount of $359,815.' 'Costs are reserved.' 'Liberty to restore on three days notice.']