SCHULTZE v ANDREN [1998] NSWCA 206

SCHULTZE v ANDREN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL SHELLER, BEAZLEY and STEIN JJA 3 April 1998, 16 April 1998 [1998] NSWCA 206 NEGLIGENCE — damages — trial Judge's award of damages was sound On 30 May 1989 the appellant injured his knee in a motor vehicle accident with the respondent. A trial liability was not in issue. The trial Judge found that the appellant had suffered an injury in the accident but his disability was largely pre-existing and that there

was insufficient evidence upon which to calculate past and future economic loss. On these bases his Honour awarded damages consisting of

Non-economic loss $4,200 Past out of pocket expenses $2,022 Past economic loss $1,575 Future economic loss $5,000 Future medical expenses for a total knee reconstruction $3,223

The bases for the appeal were that these damages were inadequate. Held: 1. There was ample evidence to support the conclusion that the major portion of the appellant's knee disability pre-existed the accident. 2. It was open to the trial Judge to decline to make a speculative calculation of past and future earnings. 3. Nothing was advanced which suggested there was any error in the calculation of damages for future surgery. Abalos v Australian Postal Commission (1990) 171 CLR 167 Devries v Australian National Railways Commission (1993) 177 CLR 472

Sheller JA The appellant, Mr Jurgen Schultze, injured his right knee on 30 May 1989 when the motor vehicle he was driving collided with one driven by the respondent, Ms Susan Andren. Mr Schultze brought proceedings in negligence to recover damages from Ms Andren. In a trial in which liability was not in issue and which was spread over ten hearing days beginning on | May 1995 and finishing in December 1996, Judge Robison awarded the appellant damages in

the sum of $16,020, consisting of -