Patricia Ring v Troy Rigby [2005] NSWCA 357

New South Wales Court of Appeal

CITATION: Patricia Ring v Troy Rigby [2005] NSWCA 357

HEARING DATE(S): 10/10/05

JUDGMENT DATE: 20 October 2005

JUDGMENT OF: Ipp JA at 1; Brownie AJA at 2

DECISION: Appeal allowed, judgment of the District Court be set aside, and in lieu thereof there be judgment for the respondent for $238,935.39, the judgment to take effect from 24 September 2004. The respondent should pay the appellant's costs of the appeal, but should have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS: Damages - no question of principle.

Motor Accidents Act 1988 LEGISLATION CITED: Suitors' Fund Act 1951

Watts v Rake (1960) CLR 158 CASES CITED: Shorey v P T Limited [2003] HCA 27; (2003) 197 ALR 410

Patricia Ring - Appellant PARTIES: Troy Rigby - Respondent

FILE NUMBER(S): CA 40920/04

P G Mahony SC with G J Bellew - Appellant COUNSEL: D R Campbell SC with S J Longhurst - Respondent

Turner Whelan - Appellant SOLICITORS: Kells (Wollongong)- Respondent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 114/02

LOWER COURT JUDICIAL OFFICER: Quirk DCJ

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40920/04 DC 114/02

IPP JA BROWNIE AJA

Thursday 20 October 2005 PATRICIA RING v TROY RIGBY Judgment 1 IPP JA: I agree with Brownie AJA. 2 BROWNIE AJA: The respondent was injured in a motor vehicle accident on 14 December 1998, and he obtained a judgment against the appellant for damages, assessed in accordance with the provisions of the Motor Accidents Act 1988 (the Act), containing these components: Past Out of Pocket Expenses $18,529.89 Future out of Pocket Expenses $15,000 Past Economic Loss $76,776 Past Superannuation Loss $ 6,910 Future Economic Loss $100,000 Non Economic Loss $115,000 TOTAL $332,215.89