Sjostrom v McDermott [2002] NSWCA 80

New South Wales Court of Appeal

CITATION : Sjostrom v McDermott [2002] NSWCA 80 FILE NUMBER(S) : CA 40295/01 HEARING DATE(S) : 14 March 2002 JUDGMENT DATE : 27 March 2002

PARTIES : Kenneth Sjostrom - Appellant Timothy John McDermott - Respondent JUDGMENT OF : Giles JA at 1; Hodgson JA at 51

LOWER COURT JURISDICTION : District Court LOWER COURT DC 7720/99 FILE NUMBER(S) : LOWER COURT Herron DCJ JUDICIAL OFFICER :

COUNSEL : J Hislop QC & D J Russell - Appellant M Joseph SC & R Goodridge - Respondent SOLICITORS : Henry Davis York - Appellant Firths - Respondent CATCHWORDS : DAMAGES - whether accident caused the debilitating condition - extent of effects - percentage of a most extreme case - assessment of economic loss and domestic assistance - no question of principle. ND. CASES CITED: Dell v Dalton (1991) 23 NSWLR 528; Moran v McMahon (1985) 3 NSWLR 700. DECISION : (1) Appeal allowed; (2) Set aside verdict and judgment for $623,406 and in lieu thereof verdict and judgment for $538,295 taking effect on 5 April 2001; (3) No order as to the costs of the appeal.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40295/01 DC 7720/99

GILES JA HODGSON JA

Wednesday 27 March 2002 SJOSTROM v McDERMOTT Judgment 1 GILES JA: This is a defendant's quantum appeal in a motor accident case. The plaintiff was injured when the defendant's truck ran into the rear of his car. The accident occurred on 17 October 1996. The plaintiff was then aged 28. Herron DCJ assessed the plaintiff's damages at $623,406, made up of - Non-economic loss $93,500.00 Past economic loss $97,983.00 Interest on past economic loss $18,188.00 Future economic loss $290,938.00 Lost superannuation $32,063.00 Domestic assistance $55,063.00 Past out-of-pocket expenses $25,671.00 Future out-of-pocket expenses $10,000.00 Total $623,406.00