Visyboard Pty Limited v Ranieri [1999] NSWCA 331

Visyboard Pty Limited v Ranieri [1999] NSWCA 331

It was open to the trial judge to accept the respondent's evidence as honest and credible, and to make findings of actual and future economic loss based on the totality of medical and factual evidence, applying the principle that damages for loss of earning capacity must have regard to the employment market accessible to the injured person, not merely physical ability.

Parties
Appellant: Visyboard Pty Limited; Respondent: Frank Ranieri
Jurisdiction
Australia
Judgment Date
22 July 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Assessment of Damages, Economic Loss, Medical Evidence, Loss of Earning Capacity
Personal Injury Employment Law Tort Law Assessment of Damages Economic Loss Medical Evidence Loss of Earning Capacity

Case Brief

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Parties

Visyboard Pty Limited

Appellant

Frank Ranieri

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of past and future economic loss arising from personal injury sustained in employment.
  2. 2 Whether medical evidence supports a finding of total incapacity for work.
  3. 3 Assessment of earning capacity and diminution thereof.

Ratio Decidendi

It was open to the trial judge to accept the respondent's evidence as honest and credible, and to make findings of actual and future economic loss based on the totality of medical and factual evidence, applying the principle that damages for loss of earning capacity must have regard to the employment market accessible to the injured person, not merely physical ability.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs