MICHAEL CONLEY v STEPHEN MINEHAN [1999] NSWCA 432

New South Wales Court of Appeal CITATION : MICHAEL CONLEY v STEPHEN MINEHAN [1999] NSWCA 432 FILE NUMBER(S) : CA 40665/98 HEARING DATE(S) : 21 May 1999 JUDGMENT DATE : 25 November 1999

PARTIES : Michael CONLEY as Executor of Estate of Robert GOATLEY v Stephen MINAHAN JUDGMENT OF : Mason P at 1; Powell JA at 46; Beazley JA at 47

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 6923/95 LOWER COURT JUDICIAL OFFICER : Ainslie-Wallace J

COUNSEL : Appellant: M J Walsh Respondent: CRR Hoeban SC, A Black SOLICITORS : Appellant: Dunhill Madden Butler Respondent: Stacks - The Law Firm CATCHWORDS : DAMAGES - Award of general damages - Whether excessive; DAMAGES - Award of damages for past economic loss - Whether trial judge erred in acceptance of adjusted company figures calculated by respondent's expert accountant - Whether trial judge erred in allowing income split between husband and wife for tax purposes to be adjusted to reflect the respondents true earning capacity - Whether income generated by respondent was "under his control" DECISION : Appeal allowed (in part)

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40665/98 DC 6923/95 MASON P POWELL JA BEAZLEY JA

Thursday 25 November 1999

Michael CONLEY as Executor of Estate of Robert GOATLEY v Stephen MINAHAN The respondent (Minahan) was injured in a collision that occurred on 24 September 1992 on the Hawkesbury River between a high-powered speedboat named "Gatecrasher IV" and another boat. The respondent was a passenger in Gatecrasher IV which was being driven by Mr Goatley. Mr Goatley died as a result of his injuries. The appellant is his executor. The deceased's negligence was admitted.