SINGH v HARIKA [2005] NSWCA 157

New South Wales Court of Appeal

CITATION: SINGH v HARIKA [2005] NSWCA 157

HEARING DATE(S): 20/04/2005

JUDGMENT DATE: 12 May 2005

JUDGMENT OF: Hodgson JA at 1; Bryson JA at 2; Campbell AJA at 30

DECISION: Appeal allowed with costs.; See para [29]

CATCHWORDS: NEGLIGENCE - Motor Accident - plaintiff, girl aged 14, accompanied woman 17 and man 19 by car from Lakemba, reached club at Parramatta, stayed from 12.30 am to 4 am, left to return to Lakemba, car driven by intoxicated man and collided with tree - severe injuries - liability admitted - Trial Judge found contributory negligence 12% - consideration of contributory negligence where passenger accepts lift from intoxicated driver, contributory negligence of young person - finding 12% affirmed. - DAMAGES - future economic loss - findings on limited future employment prospects even if not injured in view of plaintiff's other disabilities - Trial Judge assessed $100,000 - held, sum not consonant with findings on future employment prospects, $200,000 substituted, damages award increased by $88,000.

LEGISLATION CITED: Evidence Act 1995; s.67

Joslyn v. Berryman & Anor (2003) 214 CLR 552 Norris v. Blake (by his Tutor Porter) [No. 2] (1997) 41 NSWLR 49 CASES CITED: Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 FAI Allianz Insurance Ltd v. Lang [2004] NSWCA 413

Roslyne Singh - Appellant PARTIES: Amardeep Singh Harika - Respondent

FILE NUMBER(S): CA 40808/2004

Mr D. Cassidy QC & Ms M. Rollinson - Appellant COUNSEL: Mr P.R. Garling SC - Respondent

Newman & Associates - Appellant SOLICITORS: Sparke Helmore - Respondent

LOWER COURT JURISDICTION: District Court