Insurance Wednesday, 1 April 2015 View in browser

Dear Benchmark Subscriber,

For your information, we attach* a paper presented on Monday 30 March 2015, at our practice to lawyers for the purpose of CLE requirements.

It may be of assistance to you on the Anti-Discrimination Act 1987.

The paper was presented Keith Osborne, Solicitor and Ian Benson, Solicitor.

Click here to view the document in PDF (394KB)

Kind regards,
Alan Conolly for Benchmark

ARC signature.

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


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Executive Summary (One Minute Read)
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.
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.
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.