Tran & Anor v Younis [2006] NSWCA 188

New South Wales Court of Appeal

CITATION: Tran & Anor v Younis [2006] NSWCA 188

HEARING DATE(S): 24 February 2006

JUDGMENT DATE: 14 July 2006

JUDGMENT OF: Handley JA at 1; Hislop J at 25

DECISION: 1. Appeal allowed.; 2. Set aside the judgment in the District Court for $526,255.85 and substitute a judgment for the plaintiff for $382,505.85 with effect from 24 February 2005.; 3. If consent orders dealing with costs are not filed in the submissions box on level 12 within 14 days the appellant is to file and serve written submissions directed to the issue of costs within a further 7 days. The respondent is to file and serve written submissions dealing with costs within a further 7 days.

CATCHWORDS: DAMAGES – appeal – reassessment – no question of principle - DAMAGES – motor accidents – Motor Accidents Compensation Act 1999 s 126 – most likely future circumstances – multiple findings permissible - ND

LEGISLATION CITED: Motor Accidents Compensation Act 1999

Graham v Baker (1961) 106 CLR 340 Leichhardt Municipal Council v Montgomery [2005] NSWCA 432 CASES CITED: Leichhardt Municipal Council v Serratore [2005] NSWCA 406 Medlin v The State Government Insurance Commission (1995) 182 CLR 1 State of New South Wales v Moss (2000) 54 NSWLR 536 The Nominal Defendant v Lane [2004] NSWCA 405

Con Thanh Tran (First Appellant) PARTIES: Ha Dang Quach (Second Appellant) John Sarkis Younis (Respondent)

FILE NUMBER(S): CA 40172 of 2005

COUNSEL: P R Garling SC/P O/Connor/A Ryan (Appellants) D J Russell SC/P Dooley (Respondent)

SOLICITORS: Holman Webb (Appellants) Ray Wehbe & Co (Respondent)