FRANCOIF v TAYLOR [1994] NSWCA 99

FRANCOIF v TAYLOR [1994] NSWCA 99

Damages for past and future economic loss were excessive as they were based on earning potential lost prior to the accident; the court reduced economic loss awards by half. Transcover payments are not a statutory defence but may be deducted on payment of judgment under s147.

Parties
Respondent: Francoif; Appellant: Taylor
Jurisdiction
Australia
Judgment Date
13 October 1994
Procedural Posture
Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Economic Loss, Quantum of Damages, Motor Accidents Act, Transcover Benefits, Statutory Deduction
Damages Motor Vehicle Accidents Economic Loss Quantum of Damages Motor Accidents Act Transcover Benefits Statutory Deduction

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Parties

Francoif

Respondent

Taylor

Appellant

Procedural Posture

Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether damages for past and future economic loss were excessive
  2. 2 Whether Transcover payments under s147 of the Motor Accidents Act are a partial defence

Ratio Decidendi

Damages for past and future economic loss were excessive as they were based on earning potential lost prior to the accident; the court reduced economic loss awards by half. Transcover payments are not a statutory defence but may be deducted on payment of judgment under s147.

Court Disposition

Appeal allowed

Orders

  • Set aside the judgment of Barbour DCJ except as to liability and costs.
  • Reduce the award for past and future economic loss as proposed.