Spehar v Trtovac & 2 Ors [2003] NSWCA 177

New South Wales Court of Appeal

CITATION : Spehar v Trtovac & 2 Ors [2003] NSWCA 177 HEARING DATE(S) : 02/07/03 JUDGMENT DATE : 25 July 2003

JUDGMENT OF : Meagher ACJ at 1; Ipp JA at 2 DECISION : (1) Appeal upheld and increase the amount of damages awarded by $98,500, that is, from $299,427 to $397,927 (2) Costs reserved.

CATCHWORDS : DAMAGES - Whether trial judge erred in assessment of damages. ND CASES CITED : SRA v Madden [2001] NSWCA 252 Marko Spehar (Appellant) PARTIES : Jasmina Trtovac (First Respondent) Hazijba Trtovac (Second Respondent) Nominal Defendant (Third Respondent) FILE NUMBER(S) : CA 41014/02 COUNSEL : K Rewell SC/A Beardow (Appellant) J D Hislop QC/A Capelin (Respondents) SOLICITORS : Bryden's Law Office (Appellant) Dibbs Barker Gosling (Respondents)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 2030/01 FILE NUMBER(S) : LOWER COURT Black DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41014/02 DC 2030/01

MEAGHER ACJ IPP JA

Friday, 25 July 2003 MARKO SPEHAR v JASMINA TRTOVAC & 2 ORS Judgment 1 MEAGHER ACJ: I agree with Ipp JA. 2 IPP JA: On 10 December 1998, the appellant, then 18 years old, was seriously injured in a motor vehicle accident. He commenced proceedings for the damages he suffered in consequence. The action was heard by Judge Black QC in October 2002. In his Honour's judgment he observed: "Liability is not in dispute and accordingly this is a matter for assessment only".