BALDWIN v LISICIC [1993] NSWCA 18

BALDWIN v LISICIC SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, PRIESTLEY and MEAGHER JJA 30 March 1993, 20 April 1993

[1993] NSWCA 18

DAMAGES — personal injuries — motor vehicle accident — painful and prolonged injuries to face, back and legs — long-term loss of work as consequence — husband takes injured wife to England for treatment — treatment affords quick relief — return to work and economic capacity — whether entitled to travel costs of proceeding to England for treatment which is available in Australia — whether entitled to future physiotherapy expenses as part of treatment in England — held: The costs of travel to England were, in the circumstances, reasonably incurred and recoverable.

Fox v Wood (1981) 148 CLR 438; Simonius Vischer and Co v Holt and Thompson [1979] 2 NSWLR 322 (CA) applied.

DAMAGES - female plaintiff - retirement at 60 - whether discrimination - calculation of economic loss - whether should be calculated to age 65 - held: Given the provision of Australian pension rights, in the absence of explicit evidence from the female plaintiff that she contemplated a later retirement, calculation of economic loss to age 60 showed no error.

DAMAGES - personal injuries - gratuitous services - services provided by husband - calculation by reference to commercial costs of household service company - whether subject to discount for profit and overhead components - held: No such discount appropriate - error of law to so provide.

Van Gervan v Fenton (1992) 66 ALJR 828 (HC) applied.

PRACTICE and PROCEDURE - Court of Appeal - fresh evidence - damages judgment for reassessment by Court of Appeal - tender of new diagnosis of cause of pain requiring possible future dental treatment - whether such need established - whether, if established, such evidence should be admitted - held: Whether or not the evidence would be admitted in support of a fresh trial, it could be admitted in the conduct by the Court of its own function of reassessment.