TILLOTT v TILLOTT [1991] NSWCA 266

TILLOTT v TILLOTT [1991] NSWCA 266

The trial judge's awards for pre-trial general damages for pain and suffering and loss of economic opportunity were below the sound discretionary range warranted by the evidence; interest on pre-trial non-economic loss should be assessed at 4% per annum following MBP (SA) Pty Ltd v Gogic. The appellate court accordingly substituted higher awards for both heads of damage and re-calculated interest in accordance with the stated principles.

Parties
Appellant: Robyn Tillott; Respondent: Mr Tillott
Jurisdiction
Australia
Judgment Date
14 June 1991
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed; judgment below set aside; substituted judgment for appellant in the sum of $268,986 as at 8 February 1989; respondent to pay appellant's costs of appeal; respondent to have certificate under Suitors' Fund Act if entitled
Legal Topics
Damages, Motor Vehicle Accident, Quantum, Loss of Economic Opportunity, Interest on Damages
Tort Law Damages Motor Vehicle Accident Quantum Loss of Economic Opportunity Interest on Damages

Case Brief

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Parties

Robyn Tillott

Appellant

Mr Tillott

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the award for pre-trial general damages for pain and suffering and loss of amenities was below a sound discretionary judgment
  2. 2 Whether the award for loss of economic opportunity was inadequate
  3. 3 Whether the trial judge erred in calculation or awarding of interest

Ratio Decidendi

The trial judge's awards for pre-trial general damages for pain and suffering and loss of economic opportunity were below the sound discretionary range warranted by the evidence; interest on pre-trial non-economic loss should be assessed at 4% per annum following MBP (SA) Pty Ltd v Gogic. The appellate court accordingly substituted higher awards for both heads of damage and re-calculated interest in accordance with the stated principles.

Court Disposition

Appeal allowed; judgment below set aside; substituted judgment for appellant in the sum of $268,986 as at 8 February 1989; respondent to pay appellant's costs of appeal; respondent to have certificate under Suitors' Fund Act if entitled

Orders

  • Appeal allowed
  • Judgment in District Court set aside