STIPIC v ROGRIGUEZ [1995] NSWCA 458

STIPIC v ROGRIGUEZ [1995] NSWCA 458

The original assessment of damages for non-economic loss was in error as future economic loss was improperly included in general damages contrary to s79 of the Motor Accidents Act. The entire judgment was set aside and damages reassessed strictly in accordance with statutory requirements, resulting in a corrected calculation of both non-economic and economic loss.

Parties
Plaintiff: STIPIC; Defendant: ROGRIGUEZ
Jurisdiction
Australia
Judgment Date
23 March 1995
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed. Judgment below set aside and substituted with judgment for $76,504.45. Respondent to pay costs of appeal.
Legal Topics
Motor Vehicle Accident, Assessment of Damages, Future Economic Loss, General Damages, Motor Accidents Act
Torts Personal Injury Motor Vehicle Accident Assessment of Damages Future Economic Loss General Damages Motor Accidents Act

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Parties

STIPIC

Plaintiff

ROGRIGUEZ

Defendant

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether future economic loss may be included in general damages under s79 of the Motor Accidents Act 1988
  2. 2 Proper assessment method for non-economic loss under Motor Accidents Act 1988
  3. 3 Calculation and reassessment of damages for non-economic and economic loss

Ratio Decidendi

The original assessment of damages for non-economic loss was in error as future economic loss was improperly included in general damages contrary to s79 of the Motor Accidents Act. The entire judgment was set aside and damages reassessed strictly in accordance with statutory requirements, resulting in a corrected calculation of both non-economic and economic loss.

Court Disposition

Appeal allowed. Judgment below set aside and substituted with judgment for $76,504.45. Respondent to pay costs of appeal.

Orders

  • Judgment for $76,504.45 to take effect from date of original judgment.
  • Respondent to pay the costs of the appeal.