Zheng v Cai [2009] HCA 52

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, CRENNAN, KIEFEL AND BELL JJ

TIAN ZHEN ZHENG APPLICANT

AND

DEJU CAI RESPONDENT

Zheng v Cai [2009] HCA 52

9 December 2009

S67/2009

ORDER

1. Special leave to appeal granted.

2. Appeal treated as instituted and heard instanter and allowed with costs.

3. Set aside orders 1, 2, 3 and 4 of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 25 February 2009 and in place thereof order that:

(a) the judgment at trial in favour of the appellant be set aside and in place thereof judgment be entered in favour of the appellant in the sum agreed pursuant to order 4 of these orders and with costs in her favour calculated accordingly;

(b) the respondent pay the costs of the appellant of the appeal in the Court of Appeal; and

(c) otherwise the appeal to the Court of Appeal be dismissed.

4. Within 28 days of the date of these orders the parties file agreed proposed orders implementing order 3(a) of these orders.

On appeal from the Supreme Court of New South Wales

Representation

S Norton SC with M Fraser for the applicant (instructed by Brydens Law Office)

S G Campbell SC with S E McCarthy for the respondent (instructed by McLachlan Chilton Solicitors)

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

CATCHWORDS

Zheng v Cai

Tort – Negligence – Damages – Motor vehicle accident – Personal injury – Assessment – Economic loss – Regular payments made by church to applicant following motor vehicle accident – Whether benevolent payments should be taken into account when calculating damages – Whether intention of giver of benevolent payments determinative – Where collateral benefit exists for giving benevolent payments – Relevance of public policy in disregarding benevolent payments in assessment of damages.