BONDIN v LAMARO [1994] NSWCA 29

BONDIN v LAMARO [1994] NSWCA 29

The appellant's psychiatric illness, comprising depression and anxiety following her son's premature birth and subsequent death, was a reasonably foreseeable consequence of the motor vehicle accident. The death of the son did not constitute a novus actus interveniens that would sever causation between the accident and the appellant's ongoing psychiatric state. The appellant was entitled to additional general damages and further damages for past and future economic loss.

Parties
Appellant: URJ Bondin; Respondent: Lamaro
Jurisdiction
Australia
Judgment Date
14 October 1994
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Quantum of Damages, Motor Vehicle Accident, Psychiatric Injury, Economic Loss, Causation, Foreseeability
Torts Damages Quantum of Damages Motor Vehicle Accident Psychiatric Injury Economic Loss Causation Foreseeability

Case Brief

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Parties

URJ Bondin

Appellant

Lamaro

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge was correct in holding that the appellant's psychiatric illness was not reasonably foreseeable as a consequence of the accident.
  2. 2 Whether damages for past and future economic loss should have been awarded in addition to the initial eight week period.

Ratio Decidendi

The appellant's psychiatric illness, comprising depression and anxiety following her son's premature birth and subsequent death, was a reasonably foreseeable consequence of the motor vehicle accident. The death of the son did not constitute a novus actus interveniens that would sever causation between the accident and the appellant's ongoing psychiatric state. The appellant was entitled to additional general damages and further damages for past and future economic loss.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed.
  • Judgment of Judge McDevitt set aside except as to liability and costs.