Long v McDonald & Anor [2000] NSWCA 10

Long v McDonald & Anor [2000] NSWCA 10

The trial judge made an error by failing to take into account unchallenged evidence regarding the deductibility of the plaintiff's travelling allowance in calculating pre-injury average weekly earnings, resulting in an underassessment of damages. The plaintiff's average weekly earnings should be $566, not $485, resulting in increased damages under the relevant heads. Arguments against simply adopting the higher figure are not accepted.

Parties
Appellant: Steven Mark Long; Respondent: Christopher McDonald; Respondent: A.J. & G. McHarg Pty Ltd
Jurisdiction
Australia
Judgment Date
18 February 2000
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Quantum of Damages, Assessment of Earnings, Appeal on Damages
Personal Injury Quantum of Damages Assessment of Earnings Appeal on Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Steven Mark Long

Appellant

Christopher McDonald

Respondent

A.J. & G. McHarg Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing plaintiff's pre-injury average weekly earnings
  2. 2 Whether the damages awarded for economic loss were inadequate
  3. 3 Whether the trial judge's assessment under section 79 was manifestly too low

Ratio Decidendi

The trial judge made an error by failing to take into account unchallenged evidence regarding the deductibility of the plaintiff's travelling allowance in calculating pre-injury average weekly earnings, resulting in an underassessment of damages. The plaintiff's average weekly earnings should be $566, not $485, resulting in increased damages under the relevant heads. Arguments against simply adopting the higher figure are not accepted.

Court Disposition

appeal allowed

Orders

  • Appeal upheld.
  • Judgment below set aside, except as to costs.