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. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.