THE NOMINAL DEFENDANT v CHAPMAN [1991] NSWCA 216

THE NOMINAL DEFENDANT v CHAPMAN [1991] NSWCA 216

Interest on unpaid out of pocket expenses must not be awarded absent evidence; interest on past general damages should be calculated at 4% per annum in line with Gogic instead of the 6% applied, as there was no discretionary justification; the quantum of general damages, past economic loss, and future economic loss...

Source-derived case information.

Parties
Appellant: The Nominal Defendant; Respondent: Chapman
Jurisdiction
Australia
Judgment Date
30 October 1991
Procedural Posture
Appeal / Decision on Appeal
Outcome
judgment set aside and substituted
Legal Topics
Motor Vehicle Accident, Damages, Interest Calculation
Tort Law Motor Vehicle Accident Damages Interest Calculation

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Summary, issues, holding and outcome

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Parties

The Nominal Defendant

Appellant

Chapman

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Was the judge correct in awarding interest on unpaid out of pocket expenses?
  2. 2 Should interest on past general damages be awarded at 4% or 6% per annum?
  3. 3 Was the general damages award excessive?

Ratio Decidendi

Interest on unpaid out of pocket expenses must not be awarded absent evidence; interest on past general damages should be calculated at 4% per annum in line with Gogic instead of the 6% applied, as there was no discretionary justification; the quantum of general damages, past economic loss, and future economic loss were not appealably excessive or erroneous given the evidence.

Court Disposition

judgment set aside and substituted

Orders

  • Judgment of $334,791.44 substituted, to operate from 28 March 1991.
  • Plaintiff to pay costs of the appeal.