PARTRIDGE v GIO [1995] NSWCA 359

PARTRIDGE v GIO SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and COLE JJA 21 September 1995, 9 October 1995

[1995] NSWCA 359

CHALLENGE to Cullen v Trappell (1980) 146 CLR 1 and GIO v Rosniak (1992) 27 NSWLR 665 — Court of Appeal bound to follow them — only review of principles can be by High Court of Australia — appellant to tender and rely on material not tendered at trial — disallowed.

Priestley J I agree with Cole JA. Meagher JA I agree with Cole JA.

Cole JA On 5 May 1993 Dunford J delivered reasons assessing the injured appellant's damages sustained in a motor vehicle accident on 2 November 1986 in the sum of $1,868,237. Certain matters were reserved. On 17 September 1993 further reasons were delivered resulting in entry of judgment in the sum of $2,032, 033.

The appellant has argued or sought to argue the following grounds of appeal:

1. That His Honour erred in determining the plaintiff's loss of earning capacity by reference to a postulated net after tax rate of earnings, rather than a postulated gross rate of earnings.

1A. That His Honour erred in discounting the Appellant's future earnings (calculated by the use of a 5% discount rate multiplier) by 15% or 20% in respect of future vicissitudes.

1B. That His Honour should have assessed the Appellant's future damages for loss of future earning capacity without making any discount in respect of future vicissitudes.

1C. That there should have been included in the appellant's damages an allowance for the probable loss by the Appellant of the financial support of a husband that she will on the probabilities now never find.

1D. That there should have been included in the Appellant's damages an allowance for the loss of future superannuation benefits that she would otherwise have received but for her injuries in respect of what otherwise would have been the course of her working life.