Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15

HIGH COURT OF AUSTRALIA

GUMMOW, KIRBY, HAYNE, CALLINAN AND CRENNAN JJ

GOLDEN EAGLE INTERNATIONAL TRADING

PTY LTD & ANOR APPELLANTS

AND

YU ZHANG BY HIS TUTOR THE PROTECTIVE

COMMISSIONER & ANOR RESPONDENTS

Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15

19 April 2007

S355/2006

ORDER

1. Appeal allowed.

2. Set aside the orders of the New South Wales Court of Appeal made on 22 February 2006, save as to costs.

3. The appellants to pay the costs of the first respondent in this Court.

4. Unless on or before 10 May 2007 the appellants and the first respondent prepare and file agreed draft consequential orders, the appellants to file and serve by 17 May 2007, and the first respondent to file and serve by 24 May 2007, submissions on consequential orders.

On appeal from the Supreme Court of New South Wales

Representation

K P Rewell SC with E G Romaniuk for the appellants (instructed by Sparke Helmore)

A S Morrison SC with E G H Cox for the first respondent (instructed by Graham Jones Lawyers)

Submitting appearance for the second respondent

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Golden Eagle International Trading Pty Ltd v Zhang

Damages – s 45 of the Motor Accidents Act 1988 (NSW) obliged an insurer to make certain payments to or on behalf of the victim of a motor accident once the insurer admitted liability to the victim – Treatment of these payments in assessing damages – Whether these payments should be removed from the calculation before or after reducing on account of contributory negligence the amount of damages assessed – What onus of proof should apply to a dispute over such damages.

Damages – Assessment of life expectancy – Whether reference should be made to "projected" or "historical" life expectancy tables.