Joyce v Geelan [2001] NSWCA 29

New South Wales Court of Appeal

CITATION : Joyce v Geelan [2001] NSWCA 29 FILE NUMBER(S) : CA 40314/99 HEARING DATE(S) : 10 November 2000 JUDGMENT DATE : 2 March 2001

PARTIES : John Lemuel Joyce (by his Tutor The Protective Commissioner of New South Wales) - Appellant Heather Geelan - Respondent JUDGMENT OF : Meagher JA at 1; Sheller JA at 2; Giles JA at 3

LOWER COURT JURISDICTION : District Court LOWER COURT 3203/97 FILE NUMBER(S) : LOWER COURT Norton ADCJ JUDICIAL OFFICER :

COUNSEL : A S Morrison SC & J Dupree - Appellant K J Kelleher - Respondent SOLICITORS : Graham Jones - Appellant Ferguson Holz - Respondent CATCHWORDS : DAMAGES - challenges to various components of damages for personal injury - no question of principle. COSTS - defendant's offer of compromise - plaintiff obtained larger amount - on facts, no reason to order otherwise. ND DECISION : Appeal allowed. Damages to be recalculated in the light of the reasons. Short minutes to be brought in. Stood over for mention on 9 March 2001 for orders in accordance with the short minutes to be made and the costs of the appeal to be addressed.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40314/99 DC 3203/97 MEAGHER JA SHELLER JA GILES JA

Friday 2 March 2001 JOYCE v GEELAN

JUDGMENT

1 MEAGHER JA: I agree with Giles JA. 2 SHELLER JA: I agree with Giles JA. 3 GILES JA: The appellant was injured in a motor vehicle accident on 7 June 1990. Norton ADCJ found that the accident was caused by the negligence of the respondent, but that there was contributory negligence reducing her damages by 15 per cent. Damages were assessed at $913,852.32, made up as follows - Non-economic loss $155,400.00 Past care $42,900.00 Future care $284,404.00 Past economic loss $143,397.46