AMOUD v AL BATAT [2009] NSWCA 333

AMOUD v AL BATAT [2009] NSWCA 333

The trial judge erred in the assessment of future economic loss by failing to apply the correct legal principles regarding the speculative nature of future hypothetical events, particularly in not adequately accounting for the significant possibility that psychological treatment might not be effective in restoring the appellant's earning capacity. The correct approach required an allowance for this possibility, resulting in a reassessment of damages.

Parties
Appellant: Zoohour Amoud; Respondent: Aeman Al Batat
Jurisdiction
Australia
Judgment Date
14 October 2009
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal allowed
Legal Topics
Damages, Future Economic Loss, Motor Vehicle Accident, Psychological Injury
Tort Law Personal Injury Damages Future Economic Loss Motor Vehicle Accident Psychological Injury

Case Brief

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Parties

Zoohour Amoud

Appellant

Aeman Al Batat

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Correct assessment of likelihood the appellant would undergo psychological treatment
  2. 2 Correct assessment of effect of such treatment upon future earning capacity

Ratio Decidendi

The trial judge erred in the assessment of future economic loss by failing to apply the correct legal principles regarding the speculative nature of future hypothetical events, particularly in not adequately accounting for the significant possibility that psychological treatment might not be effective in restoring the appellant's earning capacity. The correct approach required an allowance for this possibility, resulting in a reassessment of damages.

Court Disposition

Appeal allowed

Orders

  • Orders 1-3 made by the District Court on 26 September 2008 and the costs order made on 21 November 2008 are set aside.
  • Judgment to be entered for the plaintiff in an amount notified by the parties to the Registrar, calculated in accordance with this judgment.