WAKE v WALSH [1995] NSWCA 490

WAKE v WALSH SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ and PRIESTLEY JA 22 March 1995, 22 March 1995

[1995] NSWCA 490

DAMAGES — ASSESSMENT OF DAMAGES — future economic loss whether inconsistency with amount awarded for past economic loss — no incongruity shown in award.

ASSESSMENT OF DAMAGES

The appellant plaintiff complained of one component of an award of damages, ie the assessment of loss of future earning capacity. It was argued that this was manifestly inconsistent with the basis on which past loss of earnings had been calculated, and should be reviewed - HELD - there was no such inconsistency as alleged and the award should stand.

Gleeson CJ This is an appeal from a decision of Master Malpass given on 25 June 1993. The appellant claims that damages awarded to him by the Master were inadequate and seeks an order from this court increasing the award.

The appeal as it has been argued turns upon a single point. Before explaining the point, however, it is necessary to mention briefly some matters of background.

In effect the Master had before him three actions in each of which the appellant was the plaintiff. This was because the appellant had, over a period of years, suffered three successive injuries and was claiming damages in respect of each of them.

The first action was No 13469/91 and it was entitled Wake v Government Insurance Office of New South Wales. The second action was No 14519/88 entitled Wake v Linfox Ltd and the third action was No 13014/90 entitled Wake v Walsh. The third is the action in which this appeal is brought. It relates to the third of the injuries in point of time.

For reasons that are not important to this appeal, the first action failed and there was a judgment for the defendant. The second action was compromised and, as I said, this appeal relates to the third action.