AXIAK v PEZZANO [NO 2] [2002] NSWCA 107

AXIAK v PEZZANO [NO 2] [2002] NSWCA 107

The difference between the defendant's settlement offer and the sum found by the Court demonstrates the offer was unreasonably low; accordingly, the plaintiff was entitled to interest on past loss of income under Motor Accidents Act 1988 s 73(4)(a)(iv).

Jurisdiction
Australia
Judgment Date
17 April 2002
Procedural Posture
Appeal / Final Judgment on Costs and Interest
Outcome
Appeal allowed; Judgment for appellant with interest and costs orders.
Legal Topics
['interest on Past Loss of Income' 'costs Orders' 'damages for Economic Loss' 'apportionment for Infants']
['tort Law' 'personal Injury'] ['interest on Past Loss of Income' 'costs Orders' 'damages for Economic Loss' 'apportionment for Infants']

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Procedural Posture

Appeal / Final Judgment on Costs and Interest

Legal Issues

  1. 1 ['Whether plaintiff is entitled to interest on past loss of income after deduction for dependency under s 73(4)(a)(iv) Motor Accidents Act 1988' "Reasonableness of the defendant's settlement offer"]

Ratio Decidendi

The difference between the defendant's settlement offer and the sum found by the Court demonstrates the offer was unreasonably low; accordingly, the plaintiff was entitled to interest on past loss of income under Motor Accidents Act 1988 s 73(4)(a)(iv).

Court Disposition

Appeal allowed; Judgment for appellant with interest and costs orders.

Orders

  • ['Appeal allowed' 'Verdict and judgment of the Court below set aside' 'Verdict and judgment for the appellant in the sum of $1,439,586.25' '$368,125.00 apportioned to Jordan Dimitri Ternovy, infant, son of plaintiff and late Ivan James Ternovy' 'Respondent to pay into Court $368,125.00 to be paid to Public Trustee...