Zahra v Brown [2006] NSWCA 162

New South Wales Court of Appeal

CITATION: Zahra v Brown [2006] NSWCA 162

HEARING DATE(S): 21 March 2006

JUDGMENT DATE: 29 June 2006

JUDGMENT OF: Beazley JA at 1; Santow JA at 73

DECISION: 1. Appeal allowed; 2. Set aside the verdict and judgment of the trial judge; 3. Order that the matter be remitted to the District Court for the assessment of economic loss; 4. The respondent is to pay the appellant's costs of the appeal but is to have a certificate under the Suitors Fund Act 1951 if so entitled; 5. The costs of the trial are to abide the outcome of the rehearing.

CATCHWORDS: MOTOR ACCIDENTS – assessment of compensation – necessity to give adequate reasons for assessment - DAMAGES – assessment of economic loss – past and future economic loss –business conducted in partnership – principles applicable - JUDGMENT – adequacy of reasons – trial judge must review all relevant evidence in support of factual finding – trial judge must make relevant factual findings - EVIDENCE – medical evidence – preference of particular medical experts over others – trial judge must state where preference, if any, lies and adequate reasons for so preferring

LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW) ss 61(1), 126, 131, 133

Beale v GIO (1997) 48 NSWLR 430 Eckersley v Binnie (1988) 18 Con LR 1 Flannery v Halifax Estate Agencies Ltd [2000] 1 All ER 373 CASES CITED: Forbes v Selleys Pty Ltd [2004] NSWCA 149 Husher v Husher (1999) 197 CLR 138; [1999] HCA 47 Moylan v Nutrasweet Co [2000] NSWCA 337 Waterways Authority v Fitzgibbon (2005) 79 ALJR 1816; [2005] HCA 57 Wiki v Atlantis Relocations (NSW) Pty Limited (2004) 60 NSWLR 127