PRITCHARD v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION and ANOR [1995] NSWCA 379

PRITCHARD v NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, CLARKE and MEAGHER JJA 4 July 1995, 4 July 1995 [1995] NSWCA 379

COMPENSATION TO RELATIVES ACT — APPEAL — AMOUNT AWARDED CHALLENGED AS GROSSLY INADEQUATE — NO ERROR SHOWN AS MASTER PROCEEDED ON INADEQUATE EVIDENCE

Mahoney JA I will ask Mr Justice Clarke to deliver the first judgment.

Clarke JA This is an appeal arising from a judgment of Master Malpass given on 14 December 1994 in respect of a claim brought by a widower and two children under the Compensation to Relatives Act. The Master allowed a total figure of $92,820 plus funeral expenses. The primary sum provided was $30,000 as to past loss of benefits and $45,000 for future loss of benefits. The difference between the total of those figures and the amount awarded represents interest on the past loss.

The appellant has raised in all eight grounds of appeal to which I will return but claims, in essence, that the amount awarded is grossly inadequate. I should add that the Master apportioned the loss as to $28,000 equally to the children but there has been no ground of appeal raised suggesting error in the approach to apportionment.

The plaintiff was born in Canada in 1945 and he was married to the deceased Helen Marchant, who was born in 1946, on 29 December 1973. They were married in Brisbane but apparently left Australia for some time before returning again in 1976. The two children Camille and Charles were born on 2 December 1977 and 30 September 1981 respectively.

The plaintiff was a graduate of business technology from Ryerson Institute of Technology, Toronto, and up to the time of the death of the deceased had been employed in various positions including self employment as a computer sales manager. In 1978 he established his own business with Grosvenor computers and Grosvenor Leasing. In 1983 he terminated his arrangement with the computer company and took the leasing company on a separate path.