COLEMAN v NEWBY [1991] NSWCA 59

COLEMAN v NEWBY SUPREME COURT OF NEW SOUTH WALES COURT OF CRIMINAL APPEAL

CLARKE, MEAGHER and HANDLEY JJA 12 November 1991, 12 November 1991

[1991] NSWCA 59 Motor vehicle accident; Interest; Future economic loss.

Facts: Respondent police prosecutor injured in motor vehicle accident. Appeal on interest on past general damages, and future economic loss. Held: (1) An interest rate must be averaged over the whole of a period. (2) The difference in figures which the trial judge found, and ought to have found as regard future economic loss is so slight it ought to be disregarded. MBP (SA) Pty Ltd v Gogic (1990) 171 CLR 657 Bennett v Jones (1977) 2 NSWLR 355 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

Clarke JA I will ask Meagher JA to give the first judgment.

Meagher JA In this matter the appellant, who was the defendant, appeals from a judgment of his Honour Acting Judge Garling delivered on 8 March 1991 in favour of the plaintiff and arising out of a motor vehicle accident which occurred on 7 July 1983. The total verdict given by his Honour was $466,401.33.

The defendant's appeal relates to two issues only, being components of the total figure. The first issue is interest on past general damages.

When his Honour gave judgment the High Court decision in MBP (SA) Pty Ltd v Gogic (1990) 171 CLR 657 had been delivered. That case has been taken to require the Courts to use an interest figure of 4%. However, this Court decided in Bennett v Jones (1977) 2 NSWLR 355 that the rate must be averaged over the whole of the period.

In the present case his Honour, probably inadvertently, applied the 4% figure over the whole of the period and did not average it. He should have done so and the appellant is correct in saying on that account damages should be reduced by the amount of $6,128. The appellant's submissions on this point require, in my view, acceptance.