San v Rumble [2007] NSWCA 256

New South Wales Court of Appeal

CITATION: San v Rumble [2007] NSWCA 256

HEARING DATE(S): 20 July 2007

JUDGMENT DATE: 20 July 2007

JUDGMENT OF: Beazley JA; Ipp JA; Campbell JA

EX TEMPORE JUDGMENT DATE: 20 July 2007

DECISION: Summons for Leave to Appeal dismissed with costs.

CATCHWORDS: TORTS - negligence - motor vehicle accident - no question of principle

PARTIES: Sonyda San - Claimant Matthew Rumble - Opponent

FILE NUMBER(S): CA 40355/06

COUNSEL: S G Campbell SC; T Boyd - Claimant A J Stone - Opponent

SOLICITORS: Watson Stafford, Fairfield - Claimant QBE CTP Legal Unit, Sydney - Opponent

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 61/2006

LOWER COURT JUDICIAL OFFICER: Gibb DCJ

LOWER COURT DATE OF DECISION: 2 June 2006

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40355/06 DC 61/06

BEAZLEY JA IPP JA CAMPBELL JA

Ex tempore Friday 20 July 2007 Sonyda San v Matthew Rumble Judgment 1 THE COURT: The Court is hearing a Summons for Leave to Appeal concurrently with the hearing of the appeal. After consideration of the full argument in the matter, the Court considers that notwithstanding that finding of the trial judge that the claimant's injuries caused an interference with her work capacity, we are not satisfied that the claimant proved that that interference was productive of a loss even to warrant the award of a buffer for future economic loss. For that reason, notwithstanding difficulties with the manner in which her Honour expressed herself in her judgment in respect of matters of principle, we do not consider that her Honour is in error in the result. 2 There was also a claim for future medical expenses. However, as her Honour found, that claim was inconsistent with the actuality of the claimant's medical requirements at a time since the accident and that also does not give rise to any basis of a need. 3 In those circumstances, the order of the Court is that the Summons for Leave to Appeal is dismissed with costs. **********