Wang v Chen & Anor [2000] NSWSC 48

Wang v Chen & Anor [2000] NSWSC 48

Negligence was established because the uncontradicted evidence that the vehicle left the road, struck a pole and entered a ditch afforded prima facie evidence that the driver failed to steer clear of the post and keep the vehicle on the roadway and under control. The plaintiff's accepted persisting symptoms satisfied the s 79 threshold for non-economic loss and justified damages for non-economic loss, out of pocket expenses, limited past wage loss, and a buffer for future loss of earning capacity, totalling $48,258.45.

Jurisdiction
Australia
Judgment Date
22 February 2000
Procedural Posture
Motor Vehicle Accident Personal Injury Damages Claim / Judgment Assessing Damages After Hearing
Outcome
Negligence established and damages assessed at $48,258.45; assessment published to allow submissions as to interest and costs.
Legal Topics
['negligence' 'assessment of Damages' 'non Economic Loss Threshold' 'loss of Earnings' 'future Loss of Earning Capacity' 'choice of Law for Quantification of Damages']
['torts' 'motor Accidents' 'personal Injury Damages'] ['negligence' 'assessment of Damages' 'non Economic Loss Threshold' 'loss of Earnings' 'future Loss of Earning Capacity' 'choice of Law for Quantification of Damages']

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Procedural Posture

Motor Vehicle Accident Personal Injury Damages Claim / Judgment Assessing Damages After Hearing

Legal Issues

  1. 1 ['Whether negligence was established against the driver where the car left the roadway and struck a pole.' 'Whether damages for an accident in Tasmania brought in New South Wales were to be assessed under the Motor Accidents Act (NSW).' 'Whether the plaintiff satisfied the threshold for non-economic loss under s 79 of the Motor Accidents Act.' 'What damages should be allowed for out of pocket expenses, past wage loss and future loss of earning capacity.']

Ratio Decidendi

Negligence was established because the uncontradicted evidence that the vehicle left the road, struck a pole and entered a ditch afforded prima facie evidence that the driver failed to steer clear of the post and keep the vehicle on the roadway and under control. The plaintiff's accepted persisting symptoms satisfied the s 79 threshold for non-economic loss and justified damages for non-economic loss, out of pocket expenses, limited past wage loss, and a buffer for future loss of earning capacity, totalling $48,258.45.

Court Disposition

Negligence established and damages assessed at $48,258.45; assessment published to allow submissions as to interest and costs.

Orders

  • ['Damages assessed at $48,258.45.' 'The matter may be relisted for submissions as to interest and costs by arrangement with the associate.']