MARSLAND v ANDJELIC [NO 3] [1994] NSWCA 195

MARSLAND v ANDJELIC [No 3] SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY and MEAGHER JJA 8 February 1994, 25 May 1994

[1994] NSWCA 195

DAMAGES — measure of — personal injuries — motor vehicle accidents — statutory compensation — non economic loss — 'a most extreme case" — Motor Accidents Act 1988, s79(3) — amount of statutory compensation — whether should be increased pursuant to amendments to Act — whether referable date date of original judgment or date of reassessment by Court of Appeal — respondent seeks leave to reargue applicable amount — held: Leave refused.

Marsland by his Tutor the Protective Commissioner of New South Wales v Andjelic (1993) 31 NSWLR 162 (CA) confirmed.

ORDERS

Leave refused to the respondent to reargue the question whether the statutory amount payable pursuant to s80 Motor Accidents Act 1988 is the amount applicable at the date of reassessment by the Court of Appeal and not the amount applicable at the date of the judgment set aside.

Kirby P I agree with Meagher JA.

Mahoney JA In the terms of my judgment in this appeal, the present questions do not arise for decision. If it were necessary for me to decide them, I would agree with the judgments of Kirby P and Meagher JA.

Meagher JA The plaintiff, Mr Marsland, suffered a most severe motor car accident the consequences of which were to ruin his life. That accident was caused by Mr Andjelic's negligence. On 4 May 1992 Master Malpass directed entry of judgment in the plaintiff's favour for $2,025,259.00. The award included a component for statutory non economic loss under s79 and s80 of the Motor Accidents Act, the amount being 85% of the maximum relevant to a "most extreme case". This amount is indexed, so although the amount reads as being $180,000.00 in the original Act, it was $192,600.00 when the matter was first decided below and $198,000.00 when the final award was made by the Master.