Andjelic v Marsland [1996] HCA 55

High Court of Australia Brennan CJ Dawson, Toohey, Gaudron, McHugh and Gummow JJ Andjelic v Marsland (FC 96/011) [1996] HCA 55

ORDER

1. Appeal allowed.

2. Set aside pars 4 and 8(ii) of the order of the New South Wales Court of Appeal.

3. In lieu of par 4 of the order of the New South Wales Court of Appeal substitute "in lieu thereof that there be judgment for the appellant in the sum of $2,530,603".

4. In lieu of par 8(ii) of the order of the New South Wales Court of Appeal substitute "interest on non-economic loss in the sum of $61,000".

5. The appellant pay the respondent's costs of this appeal.

Cur adv vult

The following written judgments were delivered:—

Brennan CJ pronounced the following:—

17 April 1996 Brennan CJ, Dawson, Toohey and Gaudron JJ.

The facts are set out in the judgment of McHugh and Gummow JJ. It is in the context of those facts that a question arises as to the nature of the power to "order the payment of interest" conferred by s 73(2) of the Motor Accidents Act 1988 NSW (the Act). The combined effect of the arguments put in this Court and a condition attached to the grant of special leave to appeal [1] is to confine that question to the power to order interest on damages awarded under s 79 of the Act for non-economic loss. However, s 73 does not distinguish between that and other heads of damage.

1. The question of interest on damages for past gratuitous services was excluded from the grant of special leave.

It is common ground that the outcome of this appeal depends on the provisions of Pt 6 of the Act as it stood when the matter was considered by the New South Wales Court of Appeal. The relevant provisions of s 73 were then as follows:

(1) Except as provided by this section, a court shall not, in relation to an award of damages, order the payment of interest, and no interest shall be payable, on an amount of damages in respect of the period from the date of the injury to the person in respect of whom the award is made to the date of the award.