NSW INSURANCE MINISTERIAL CORPORATION v BARTRON [1995] NSWCA 331

NSW INSURANCE MINISTERIAL CORPORATION v BARTRON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, MEAGHER and COLE JJA 13 March 1995, 13 March 1995

[1995] NSWCA 331

Damages — no question of principle.

Meagher JA In this matter the respondent, Ms Bartron, received at the hands of Judge Dent a verdict of $407,241.45 for injuries suffered by her in a particularly violent whiplash traffic accident injury. The appellant appealed against this verdict and particularly the component of that verdict in terms of $80,000 for future economic loss on the ground it is excessive.

It is an unusual case. The respondent was clearly by profession a fashion designer and of some international repute. It therefore is difficult to find a truly comparable basis on which to calculate her economic loss.

His Honour found that she was highly artistically skilled, highly motivated and very determined. Before she left the United States of America she was earning $US30,000 or $US40,000. She had international connections, she was highly ambitions and she gave sworn evidence she would go into business again.

The figure of $280,000 at which his Honour arrived, although his Honour did not say precisely on what basis that was achieved, must have been reached by his Honour allowing $300 per week for the rest of her working life as originally claimed although it is fairly clear from reviewing his Honour's reasons that his Honour may have reached that figure by starting with the yearly equivalent of $US30,000 or $US40,000 and then discounting it heavily. In either event, granting his Honour's finding of fact, in my view the appeal should be dismissed. That leaves a cross appeal.

His Honour found that Miss Bartron was entitled to future medical expenses for the next 20 years at the rate of about $3,000 per annum.