NSW Caselaw
ABRAHAMS v TURNER
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
GLEESON CJ, MEAGHER and BEAZLEY JJA 15 May 1996, 16 May 1996
[1996] NSWCA 7
Beazley JA This is an appeal from a judgment of Judge Twigg in the District Court given on 16 October, 1995. In his judgment, his Honour awarded a verdict for the appellant against the respondent in the sum of $108,652.32.
The basis of the appeal is that his Honour erred in failing to award any damages for loss of earnings or loss of earning capacity from | January, 1992 both to date of trial and in the future.
The appellant was born on 30 July, 1944 and was in her mid-40s as at the date of trial. She was injured in a motor vehicle accident on 3 November, 1989. At that time she was recently divorced. She had two teenage children and save for a condition of rheumatoid arthritis, was otherwise in good health.
Immediately prior to the accident she was not in full employment. She had a working history as a dental nurse many years before the accident and she had also been a stud mistress at a horse stud for a period of time. It appears that for almost the entirety of her marriage she had not been engaged in other than home duties.
She gave evidence that because of her separation from her husband it was her intention to find employment to support herself and the children. Her intentions, she said, were to commence a retail business selling art supplies and that she would, in conjunction with that business, teach art and also do her own art work which she would sell. Those intentions had developed out of a passion which she had for art.
She was insured in the motor vehicle accident suffering what his Honour found to be significant injuries. Those injuries included an injury to the left knee which had basically resolved by the time of the trial; a substantial injury to the right leg which involved fractures of the right tibia and fibula; a fracture of the right clavicle; a fracture of the sternum and some other insignificant injuries which resolved quickly.
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