WHITELEY v BODYCOTT [1995] NSWCA 512

WHITELEY v BODYCOTT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ and KIRBY P 8 September 1995, 8 September 1995

[1995] NSWCA 512

DAMAGES — CAUSATION — loss of earnings and diminution of future earning capacity — whether error in finding causal relationship between loss and accident — no error.

DAMAGES — CAUSATION The issue on the appeal was whether the trial judge had erred in concluding that the respondent's loss of earnings and diminution in future earning capacity was casually related to the motor vehicle accident he had been involved in — HELD — There was no error in the factual finding- No question of principle involved.

ORDERS

Appeal dismissed with costs.

Gleeson CJ The issue in this appeal resolves itself into a question of fact relating to the matter of causation. The relevant principles are summarised in Medlin v State Government Insurance Commission (1995) 182 CLR 1, especially at 6.

The respondent, who was the plaintiff in an action in the District Court, was awarded damages for personal injuries by his Honour Judge Patten in the sum of $63,460. There were three components in that amount. The first was an award for non economic loss of $21,460. The second was an award for loss of earnings up to the date of trial in an amount of $12,000. The third was an award in respect of diminution in future earning capacity in an amount of $30,000. No challenge is made on this appeal to the element of $21,460. The challenge is to the amount awarded in respect of loss of past earnings and the diminution in future earning capacity.

In order to indicate how the issue of causation arises it is necessary to make some brief reference to the facts of the case and the findings of the trial judge. The facts were found by the trial judge as follows.

The respondent was born on 21 July 1976. He lives in the country. He was educated at Cootamundra. He left school at the age of sixteen. He had suffered a neck injury whilst he was at school as a result of playing football. He suffered that injury when he was aged about ten. The injury ceased to give him concern by about 1987.