Long v McDonald & Anor [2000] NSWCA 10

New South Wales Court of Appeal

CITATION : Long v McDonald & Anor [2000] NSWCA 10 FILE NUMBER(S) : CA 40183/98 HEARING DATE(S) : 11 February 2000 JUDGMENT DATE : 18 February 2000

PARTIES : Steven Mark Long v Christopher McDonald and A.J. & G. McHarg Pty Ltd JUDGMENT OF : Mason P at 1; Priestley JA at 2

LOWER COURT JURISDICTION : District Court LOWER COURT DC 52/98 FILE NUMBER(S) : LOWER COURT His Honour Judge McLachlan JUDICIAL OFFICER :

COUNSEL : Appellant - J. Ireland QC / R. Foord Respondent - D. Conti SOLICITORS : Appellant - Denniston & Day Respondent - Harris Lieberman Boyd CATCHWORDS : Appeal on quantum - Error in judge's assessment of plaintiff's pre-injury average earnings - Reassessment - Appeal against basic factual findings fails - No question of principle needing to be decided CASES CITED: Abalos v Australian Postal Commission (1990) 171 CLR 167 SRA (NSW) v Earthline Constructions Pty Ltd (1999) 73 ALJR 306 DECISION : Appeal allowed

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40183/98 DC 52/96

MASON P PRIESTLEY JA

Friday, 18 February 2000

LONG v McDONALD & ANOR

APPEAL ON QUANTUM - error in judge's assessment of plaintiff's pre-injury average earnings - reassessment - appeal against basic factual findings fails - no question of principle needing to be decided. ORDERS 1. Appeal upheld. 2. Judgment below set aside, except as to costs. 3. The settled figure of damages be substituted for that awarded by the trial judge. 4. The new judgment to take effect as from the date of the trial judge's judgment. 5. The defendants to pay the plaintiff's costs of the appeal.