STENNING v JOHNSON [1991] NSWCA 262

STENNING v JOHNSON [1991] NSWCA 262

The trial judge erred in estimating future loss of earnings at $200 per week instead of $100 per week and in allowing economic loss for periods when the plaintiff was not seeking employment due to her voluntary decision to study; the damages award was reassessed and reduced accordingly.

Parties
Plaintiff: Stenning; Defendant: Johnson
Jurisdiction
Australia
Judgment Date
18 April 1991
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; judgment set aside; reassessed damages awarded.
Legal Topics
Future Economic Loss, General Damages, Assessment of Earning Capacity, Interest Calculation
Damages Personal Injury Future Economic Loss General Damages Assessment of Earning Capacity Interest Calculation

Case Brief

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Parties

Stenning

Plaintiff

Johnson

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge over-assessed the plaintiff's future economic loss; Whether the assessment of general damages was excessive; Whether interest on general damages was correctly applied

Ratio Decidendi

The trial judge erred in estimating future loss of earnings at $200 per week instead of $100 per week and in allowing economic loss for periods when the plaintiff was not seeking employment due to her voluntary decision to study; the damages award was reassessed and reduced accordingly.

Court Disposition

Appeal allowed; judgment set aside; reassessed damages awarded.

Orders

  • Judgment of 15 December 1989 set aside; substituted judgment in favour of plaintiff for $229,597.70 effective from date of first instance judgment.
  • Defendants to pay plaintiff's costs of trial.