LOXTON v STATE OF NEW SOUTH WALES [2002] NSWCA 194

Reported Decision : (2002) Aust Torts Reports 81-667

New South Wales Court of Appeal

CITATION : LOXTON v STATE OF NEW SOUTH WALES [2002] NSWCA 194 FILE NUMBER(S) : CA 40482/01 HEARING DATE(S) : 17 June 2002 JUDGMENT DATE : 26 June 2002

PARTIES : Danae Loxton by her next friend Debby Loxton - Applicant State of New South Wales - Respondent JUDGMENT OF : Sheller JA at 1; Campbell AJA at 49

LOWER COURT JURISDICTION : District Court LOWER COURT 1439/99 Parramatta FILE NUMBER(S) : LOWER COURT Delaney DCJ JUDICIAL OFFICER :

COUNSEL : W P Kearns SC/B Hughes - Appellant A C Bridge SC - Respondent SOLICITORS : Napier Keen Solicitors - Appellant Hicksons - Respondent CATCHWORDS : DAMAGES - injuries sustained by school student - challenge to trial Judge's findings on damages - distinction between general damages and special damages - future economic loss/ reduced earning capacity - medical expenses - new trial rejected District Court Rules 1973 LEGISLATION CITED : Supreme Court Rules 1970 Suitors' Fund Act 1951 State of New South Wales v Moss (2000) NSWCA 133 Graham v Baker (1961) 106 CLR 340 CASES CITED: Paff v Speed (1961) 105 CLR 549 Jones v Schiffmann (1971) 124 CLR 303 Foster v Tyne and Wear County Council [1986] 1 All ER 567 Griffiths v Kerkemeyer (1977) 139 CLR 161 DECISION : 1 Appeal allowed; 2 Set aside the verdict and judgment of Delaney DCJ of 6 June 2001 ; 3 In lieu thereof verdict and judgment for the plaintiff in the sum of $199,542.43 made up of general damages of $125,000; Griffiths v Kerkemeyer $18,043.48; agreed out of pocket expenses $1,498.95; future economic loss $40,000; future medical expenses $15,000; together with interest on 50 per cent of the amount awarded for general damages at the rate of 5 per cent and interest on the amount awarded for past care at 5 per cent up to 2 June 2000 and thereafter at 10 per cent to the date of judgment; 4 The respondent to pay the appellant's costs of the appeal but to have a certificate under the Suitors' Fund Act 1951 if so entitled; 5 The judgment to date from 6 June 2001.