State of NSW v Moss [2000] NSWCA 133

Reported Decision : 54 NSWLR 536

New South Wales Court of Appeal

CITATION : State of NSW v Moss [2000] NSWCA 133 revised - 31/05/2000 FILE NUMBER(S) : CA 40626/98 HEARING DATE(S) : 24 March 2000 JUDGMENT DATE : 24 May 2000

PARTIES : State of New South Wales v Jane Moss JUDGMENT OF : Mason P at 1; Handley JA at 52; Heydon JA at 53

LOWER COURT JURISDICTION : District Court LOWER COURT DC 7545/97 FILE NUMBER(S) : LOWER COURT Sinclair DCJ JUDICIAL OFFICER :

COUNSEL : J S Coombs QC/P R Sternberg - Appellant B M J Toomey QC/D Campbell - Respondent SOLICITORS : I V Knight, Crown Solicitor - Appellant Colin, Biggers & Paisley - Respondent CATCHWORDS : Tort - general damages for personal injury - accident in a school laboratory - burns victim - unbalanced summing up by the trial judge - general damages excessive - damages for impairment of earning capacity as related to future economic loss - incomplete evidence of earning capacity - provision of written submissions to the jury - discounting for vicissitudes DECISION : Appeal allowed in part; direct the parties to deliver Short Minutes of Order conforming to these reasons for judgment to the Registrar within seven days; the appellant is to pay the respondent's costs of the appeal

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40626/98 DC 7545/97

MASON P HANDLEY JA HEYDON JA

Wednesday, 24 May 2000

STATE OF NEW SOUTH WALES v JANE MOSS JUDGMENT

1 MASON P: In 1988 the respondent was a Year 10 student at a State high school. She suffered severe burns during a science experiment. Proceedings were commenced against the appellant in the Supreme Court and were then transferred to the District Court. The appellant admitted negligence. 2 The assessment of damages was undertaken in 1998 by jury in a trial presided over by Judge Sinclair QC. The jury awarded a verdict of $799,580. In the light of the way the case had gone to the jury, the parties were able to agree that the verdict should be treated as containing the following integers: General damages $225,000 Past wage loss $ 20,000 Future wage loss $330,356 Past medical and hospital expenses $ 64,500 Future medical and hospital expenses $ 79,724 Past voluntary assistance $ 80,000 Total $799,580