| White v Benjamin (NSWCA) - damages -
motor accidents compensation - appeal against assessment of damages allowed |
| Graves v West (No 2) (NSWSC) - damages -
assault during rugby union game - physical and psychological injury - damages
assessed |
| Black v Young (NSWCA) - damages - motor vehicle accident - appeal against
assessment of damages dismissed |
| Summaries With Link (Five Minute Read) |
White
v Benjamin
[2015] NSWCA 75
Court of Appeal of New South Wales
Beazley ACJ; Basten & Meagher JJA
Damages - motor accidents compensation -
appellant driver injured when her stationary vehicle hit from behind by vehicle
driven by first respondent - appellant had undisputed continuing disability
flowing from neck injury - primary judge awarded appellant damages for future
economic loss resulting from loss of earning capacity but no damages for past
economic loss, gratuitous domestic care or commercial services - appellant
challenged assessment of damages - held: appeal against award of damages for
loss of earning capacity rejected - trial judge erred in increasing deduction
for vicissitudes to 25% - trial judge erred in dealing with claim for domestic
assistance as covered by s15 Civil
Liability Act 2002 (NSW) - assessment of damages for domestic care for
motor accidents to be conducted under s141B Motor
Accidents Compensation Act 1999 (NSW) - no reason to interfere with
rejection of claim for gratuitous domestic services - amount allowed for future
domestic assistance - appeal allowed in part.
White
|
Graves
v West (No 2)
[2015] NSWSC 306
Supreme Court of New South Wales
Button J
Damages - plaintiff injured in assault
during rugby union game - defendant pleaded guilty to and was convicted of recklessly
causing grievous bodily harm to plaintiff - defendant placed on good behaviour
bond and subsequently left Australia - plaintiff sought damages arising from
assault - summary judgment entered for plaintiff - assessment of damages -
physical and psychiatric injury - held: appropriate for matter to proceed ex
parte - claim to be determined in accordance with common law of damages, not Civil Liability Act 2002 (NSW) - damages
assessed.
Graves
|
Black
v Young
[2015] NSWCA 71
Court of Appeal of New South Wales
Basten JA, Sackville AJA & Adamson J
Damages - motor vehicle accident - appellant
injured in motor vehicle accident - liability admitted - primary judge awarded appellant
damages for economic loss - appellant appealed against assessment of damages -
held: no error shown in primary judges finding that back condition was not
causally related to accident - no error in not awarding damages for diminution
of earning capacity due to appellant’s psychological condition - no error in
award of buffer - sum awarded not outside range having regard to evidence- not
inconsistent with s126 Motor Accidents
Compensation Act 1999 (NSW) Act to award buffer in appropriate cases -
appeal dismissed.
Black
|
