NSW MINISTERIAL CORPORATION (formerly GIO of NSW) v BECHARA [1994] NSWCA 241

NSW MINISTERIAL CORPORATION (formerly GIO of NSW) v BECHARA

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 7 July 1994, 7 July 1994

[1994] NSWCA 241

DAMAGES: economic loss; vicissitudes, low level of earnings but potential for substantially increased gain; lack of notice of a ground of appeal; prejudice to respondent as claim on that ground cannot be fairly met.

The respondent suffered injury when involved in a collision with another motor vehicle, after which he spent the majority of time up until trial (5%4 years) off work. At the time of the accident the respondent was a builder earning only $300 per week from his company in the hope that the value of the company would be thus increased. In calculating economic loss, the trial judge balanced between the respondent's actual economic loss at that wage up until trial ($89,700) and the economic loss which would have been incurred had he drawn the usual salary of a supervising foreman ($239,200) and awarded a sum of $105,000. Considering the factors which the trial judge took into account, this amount was found to be within the appropriate range. An argument against the award for future economic loss was dismissed for similar reasons.

The appellant sought also to challenge the amount awarded for future medical treatment; however the respondent was notified of this ground only

six days before the hearing and there was no evidence found in the transcript upon which his Honour's findings were based. Having been raised with little to support it, leave to rely on the ground was refused and the appeal was dismissed with costs.

Sheller JA This is an appeal against the judgment of his Honour Judge Knight given on 25 March 1993. The proceedings arose out of a motor vehicle accident which occurred on 23 May 1987. Liability was admitted and the issue was limited to the question of quantum.