Christopher Daly v Anne O'Connell [1999] NSWCA 177

New South Wales Court of Appeal CITATION : Christopher Daly v Anne O'Connell [1999] NSWCA 177 FILE NUMBER(S) : CA 40158/98 HEARING DATE(S) : 4 June 1999 JUDGMENT DATE : 4 June 1999

PARTIES : Christopher Daly Anne O'Connell JUDGMENT OF : Giles JA at 1; Cole AJA at 32

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 304/92 LOWER COURT JUDICIAL OFFICER : Karpin DCJ

COUNSEL : Appellant - M Walton Respondent - A J Black SOLICITORS : Appellant - Owen Hodge, Hurstville Respondent - Russell McLelland Brown, Wollongong CATCHWORDS : DAMAGES - general damages - whether wholly erroneous proportion to a most extreme case - damages for economic loss - whether errors in translating findings in principle into figures. DECISION : Appeal allowed, judgment for $325,112 set aside, and in lieu thereof judgment for $226,523 taking effect on 27 February 1998. The respondent to pay the appellant's costs of the appeal and to have a certificate under the Suitors Fund Act if qualified.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40158/98 DC 304/92

GILES JA COLE AJA

Friday 4 June 1999

CHRISTOPHER DALY v ANNE O'CONNELL

JUDGMENT

1 GILES JA: The plaintiff was injured when the defendant ran into the back of her car. Liability was admitted. Karpin DCJ assessed damages at $325,112, the components of which included general damages of $72,600, past economic loss of $66,960, and future economic loss of $151,856. The other component of the damages was out of pocket expenses. 2 The defendant appealed in relation to the components other than the out of pocket expenses.