NSW Caselaw
New South Wales Court of Appeal CITATION : CALTEX TANKER CO (AUST) PTY LTD v ROBERT KERR [1999] NSWCA 115 FILE NUMBER(S) : CA 40069/98 HEARING DATE(S) : 24 March 1999 JUDGMENT DATE : 30 April 1999
PARTIES : Caltex Tanker Company (Aust) Pty Limited Robert Kerr JUDGMENT OF : Mason P; Giles JA; Fitzgerald JA
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CLD 12004/91 LOWER COURT JUDICIAL OFFICER : Master Harrison
COUNSEL : R McIlwaine SC (Appellant) A Bartley SC/F Tuscano (Respondent) SOLICITORS : Ebsworth & Ebsworth (Appellant) Leitch Hasson & Dent (Respondent) CATCHWORDS : Damages; assessment of damages; knee injuries; attribution of damages to original knee injury; causation DECISION : Appeal dismissed with costs
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40069/98 CLD 12004/91 MASON P GILES JA FITZGERALD JA
Friday 30 April 1999 CALTEX TANKER COMPANY (AUST) PTY LIMITED v ROBERT PAUL KERR
This is a damages appeal brought against a judgment entered by Master Harrison in favour of the respondent in the sum of $588,249.24. This award followed a finding that the appellant was liable for a knee injury suffered by the respondent in 1986 on board the appellant's ship. There were several further accidents suffered by the respondent to the same knee in subsequent years. The main issue raised in the appeal is the attribution of all of the awarded damages to the injury in 1986.
HELD (by Mason P, Giles JA and Fitzgerald JA), dismissing the appeal: There is no basis for rejecting the Master's finding that the 1986 injury was the significant injury, notwithstanding that it came in on top of a gradually deteriorating arthritic condition or that it was aggravated by subsequent accidents. This finding was clearly open in the light of the acceptance of the respondent's credibility and the findings as to the nature and consequences of the various injuries before and after the 1986 injury, as well as the 1986 injury itself.
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