Gumbert v Gumbert [2000] NSWCA 17

Reported Decision : [2000] 30 MVR 373

New South Wales Court of Appeal

CITATION : Gumbert v Gumbert [2000] NSWCA 17 FILE NUMBER(S) : CA 40262/99 HEARING DATE(S) : 18 February 2000 JUDGMENT DATE : 25 February 2000

PARTIES : Roland Gumbert (Appellant) Linda Gumbert (Respondent) JUDGMENT OF : Beazley JA at 1; Heydon JA at 2

LOWER COURT JURISDICTION : District Court LOWER COURT 726/97 FILE NUMBER(S) : LOWER COURT Goldring DCJ JUDICIAL OFFICER :

COUNSEL : M.J. Neil QC/G.J. Bellew (Appellant) R. Leatherbarrow SC/S. Campbell (Respondent) SOLICITORS : Bruce & Stewart (Appellant) Symons & Company (Respondent) CATCHWORDS : APPEAL - personal injury - motor vehicle accident - whether respondent failed to mitigate loss - whether causal link between pain and injury - quantum of damages as proportion of most extreme case - need for ongoing domestic assistance - CROSS-APPEAL - no evidence of past economic loss - quantum of future economic loss ND LEGISLATION CITED : Motor Accidents Act 1998 DECISION : Appeal allowed in part; Cross appeal dismissed

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40262/99 DC 726/97

BEAZLEY JA HEYDON JA

Friday, 25 February 2000 Roland GUMBERT v Linda GUMBERT JUDGMENT 1 BEAZLEY JA: I agree with Heydon JA. 2 HEYDON JA: This is an appeal and cross-appeal from a judgment in favour of the respondent, Mrs Gumbert (the plaintiff below) for $313,797.96. 3 Mr Gumbert was driving a car which was involved in an accident on 9 January 1995. Mrs Gumbert, a passenger, was injured. Mr Gumbert admitted liability.