Fry v McGufficke [1998] FCA 1499

FEDERAL COURT OF AUSTRALIA

APPEAL – sufficiency of reasons for judgment – intuitive and global assessment of loss of future earning capacity – whether appropriate Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247, cited Mifsud v Campbell (1991) 21 NSWLR 725, cited Todorovic v Waller (1981) 150 CLR 402, cited

ROBYN LEE FRY v JAN McGUFFICKE AG 32 of 1998 BLACK CJ, FOSTER, MADGWICK, FINKELSTEIN AND DOWSETT JJ 26 NOVEMBER 1998 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY AG 32 of 1998

ON APPEAL FROM A FULL COURT OF THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: ROBYN LEE FRY

APPELLANT

AND: JAN McGUFFICKE

Respondent

JUDGE(S): BLACK CJ, FOSTER, MADGWICK, FINKELSTEIN, DOWSETT JJ

DATE OF ORDER: 26 november 1998

WHERE MADE: SYDNEY

SHORT MINUTES OF ORDERS

THE COURT ORDERS THAT: 1. The appeal is dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY AG 32 of 1998

ON APPEAL FROM A FULL COURT OF SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

BETWEEN: ROBYN LEE FRY

APPELLANT

AND: JAN McGUFFICKE

Respondent

JUDGE(S): BLACK CJ, FOSTER, MADGWICK, FINKELSTEIN, DOWSETT JJ

DATE: 26 NOVEMBER 1998

PLACE: SYDNEY

REASONS FOR JUDGMENT THE COURT: This is an appeal from a judgment of a Full Court of the Supreme Court of the Australian Capital Territory concerning the assessment of damages in an action for negligently caused personal injuries arising out of a motor vehicle accident. The Full Court unanimously dismissed an appeal by the appellant ("the plaintiff") from an assessment of damages by the Master. The appeal before us was limited to a consideration of the sum awarded for future economic loss. The accident in which the plaintiff was injured occurred on 27 June 1988. She was then 24, and despite having had a history of intractable epilepsy of the petit mal variety, a qualified social worker. In the accident, she sustained injuries to her head and back.