NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v KILLORAN [1994] NSWCA 225

NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v KILLORAN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLY, MEAGHER, HANDLEY JJA. 13 October 1994, 13 October 1994 [1994] NSWCA 225

Priestley JA This is an appeal in which the court is of the view that the reasons given by Mr Justice Finlay for the judgment which he entered are full, sufficient and accurate.

Since the court is of that view, it is not necessary to recite the details of the case. They can all be found, in our view, sufficiently set out in the reasons of his Honour.

It should be recorded that as the appeal has today been presented - and if we may say so, well presented, notwithstanding the result - only one issue was raised with this court: that of the residual capacity of the respondent.

It was not contested that there was some significant incapacity of the respondent bearing upon the assessment of future economic loss. The dispute was whether his Honour's decision that her residual capacity should not be assessed as higher than 20 percent for the purpose of assessing her loss of future income, should be disturbed.

In his Honour's reasons, passages which appear at 310 and 312 fully explain his Honour's reasons for rejecting the submission made to him, that her residual earning capacity should be regarded as quite considerably greater than the 20 percent his Honour thought appropriate.

It is the view of the court that the facts summarised in those passages are soundly based on the evidence and that the conclusions which his Honour arrived at on the basis of the facts so summarised in those passages are sound.

The court therefore is of the view that the appeal should be dismissed with costs.

Counsel for appellant: D J RUSSELL

Solicitor for the appellant: NSW INSURANCE MINISTERIAL CORPORATION: GM MEADOWS

Counsel for the respondent: J DRUMMOND Solicitor for the respondent: TG HARTMAN AND ASSOCIATES