Bladwell v Saddler [1999] NSWCA 69

New South Wales Court of Appeal CITATION : Bladwell v Saddler [1999] NSWCA 69 FILE NUMBER(S) : CA 40306/98 HEARING DATE(S) : 10 March 1999 JUDGMENT DATE : 10 March 1999

PARTIES : Reginald Robert BLADWELL v Lisa Margaret SADDLER JUDGMENT OF : Powell JA at 35; Beazley JA at 39; Stein JA at 1

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CL 12439/78 LOWER COURT JUDICIAL OFFICER : Donovan AJ

COUNSEL : M Elkaim (Appellant) R S McIlwaine SC/M Eagle (Respondent) SOLICITORS : Bartier Perry (Appellant) Ian Dunn (Respondent) CATCHWORDS : Damages - motor vehicle accident - past domestic care - future domestic care - refusal to allow witness to be called on cost of future domestic care - discretion to allow evidence to be given ACTS CITED : n/a CASES CITED: n/a DECISION : Appeal dismissed with costs

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40306/98

POWELL JA BEAZLEY JA STEIN JA

Wednesday, 10 March 1999

Reginald Robert BLADWELL v Lisa Margaret SADDLER JUDGMENT 1 STEIN JA: Two issues arise in this appeal, first, whether his Honour erred in assessing the rate for past domestic care for the respondent plaintiff, and second, whether his Honour erred in assessing the rate for future care for the plaintiff.

2 The second issue involves a sub-issue which needs to be addressed by the court initially. That is, his Honour refused to allow evidence of a Mrs Judith Grills to be given on the cost of future domestic care.