SCHIEBEL v MASON [1997] NSWCA 277

SCHIEBEL v MASON [1997] NSWCA 277

The original assessment for past and future economic loss was excessive, as the assumptions made by the trial judge about the respondent's likely permanent full-time employment and inability to work for half the relevant period were not supported by evidence. The respondent's employment history suggested intermittent and temporary work even prior to the accident. Appropriate damages were recalculated based on demonstrable periods out of work attributable to the accident and reasonable prospects for post-treatment recovery.

Parties
Appellant: Schiebel; Respondent: Mason
Jurisdiction
Australia
Judgment Date
27 May 1997
Procedural Posture
Appeal / Judgment of Supreme Court of New South Wales Court of Appeal
Outcome
Appeal upheld
Legal Topics
Loss of Earning Capacity, Measure of Damages, Assessment of Damages, Self Imposed Limitations on Employment
Damages Personal Injury Loss of Earning Capacity Measure of Damages Assessment of Damages Self Imposed Limitations on Employment

Case Brief

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Parties

Schiebel

Appellant

Mason

Respondent

Procedural Posture

Appeal / Judgment of Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether the assessment of past and future economic loss was excessive or unsupported by evidence
  2. 2 Whether the respondent's post-accident psychological condition justified damages for loss of earning capacity

Ratio Decidendi

The original assessment for past and future economic loss was excessive, as the assumptions made by the trial judge about the respondent's likely permanent full-time employment and inability to work for half the relevant period were not supported by evidence. The respondent's employment history suggested intermittent and temporary work even prior to the accident. Appropriate damages were recalculated based on demonstrable periods out of work attributable to the accident and reasonable prospects for post-treatment recovery.

Court Disposition

Appeal upheld

Orders

  • Verdict of Sidis DCJ set aside.
  • Verdict for the respondent in the sum of $55,612.10 substituted.