TURNBULL v NATIONAL TEXTILES PTY LTD [1994] NSWCA 324

TURNBULL v NATIONAL TEXTILES PTY LTD [1994] NSWCA 324

The Master's assessment of non-economic loss at 45% was within the range of a sound discretionary judgment and not outside the statutory limits; however, the award for future economic loss was inadequate and should be increased based on the court's evaluation of the plaintiff's residual earning capacity and employment prospects.

Parties
Appellant: Turnbull; Respondent: National Textiles Pty Ltd
Jurisdiction
Australia
Judgment Date
11 October 1994
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Quantum of Damages, Non Economic Loss, Future Economic Loss, Assessment of Damages
Damages Workers' Compensation Quantum of Damages Non Economic Loss Future Economic Loss Assessment of Damages

Case Brief

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Parties

Turnbull

Appellant

National Textiles Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Master's assessment of non-economic loss at 45% of a most extreme case was inadequate or erroneous
  2. 2 Whether the award for future economic loss was inadequate

Ratio Decidendi

The Master's assessment of non-economic loss at 45% was within the range of a sound discretionary judgment and not outside the statutory limits; however, the award for future economic loss was inadequate and should be increased based on the court's evaluation of the plaintiff's residual earning capacity and employment prospects.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed with costs.
  • Set aside the Master's assessment and substitute in lieu thereof an award which will be $97,590.20 greater than that made by the Master. Award for $228,590.25 substituted.