Bridge Printery Pty Ltd v Mestre [1999] NSWCA 342

New South Wales Court of Appeal CITATION : Bridge Printery Pty Ltd v Mestre [1999] NSWCA 342 FILE NUMBER(S) : CA 40858/97 HEARING DATE(S) : 16/09/99 JUDGMENT DATE : 5 October 1999

PARTIES : Bridge Printery Pty Ltd v Jose Mestre JUDGMENT OF : Mason P; Fitzgerald JA; Davies AJA

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 14815/92 LOWER COURT JUDICIAL OFFICER : Master Harrison

COUNSEL : J N Gleeson QC/E Romaniuk (Appellant) T Tobin QC/R Sheldon (Respondent) SOLICITORS : Sparke Helmore (Appellant) Carroll & O'Dea (Respondent) CATCHWORDS : Personal injury; damages; effect of post-injury heart attack on quantification; age of retirement; past and future economic loss. DECISION : Orders: 1. Allow the appeal with costs. ; 2.Set aside the judgment below and in lieu thereof substitute a judgment for the respondent for the amount awarded by the trial judge adjusted as follows:(a) Reduce the amount awarded to the respondent for past economic loss by deducting the wages lost by the respondent during the period 3 June 1988 to 31 December 1988.(b) Reduce the amount awarded to the respondent for past economic loss by calculating that amount on the basis that the respondent would have ceased work at aged 65.(c) Reduce the amount awarded to the respondent for future economic loss by 15% for vicissitudes.

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