BACHMANN v COPEMAN [1994] NSWCA 15

BACHMANN v COPEMAN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and HANDLEY JJA 13 October 1994, 13 October 1994

[1994] NSWCA 15 DAMAGES — FUTURE ECONOMIC LOSS

DAMAGES FOR FUTURE ECONOMIC LOSS — use of "cushion" approach — assessment of possibilities was appropriate.

The trial judge assessed the appellant's damages for future economic loss by way of the "cushion" approach. Held: it is plain from the entirety of his Honour's reasons that he was assessing the possibilities in the appropriate way so far as future economic loss was concerned.

ORDERS

Appeal dismissed with costs.

Priestley JA In this case the court has been assisted by three documents. The first is the Reasons for Judgment of his Honour Judge Pain, from whose judgment the appeal is brought; the second is the written submissions of the appellant, and the third is the written submissions of the respondent.

The case in this court is within a small compass and is one in which it is appropriate, rather than for the court to recite again what has been well set out in Judge Pain's reasons, simply to act upon the basis of the facts as he stated them. There has been no challenge to any of his Honour's basic factual findings.

The challenge has been confined to one aspect of his Honour's decision. This was that head of the damages claimed by the respondent called future economic loss. The judge dealt with it in a particular way which he set out in his reasons and which has been repeated in the written submissions.

His method involved the starting point that this particular head of damage concerning future economic loss would be best dealt with by what has been called the "cushion" approach. The appellant does not quarrel with his Honour having taken that approach, but says that there were clear errors in the way in which he applied it.