Harrison v Melhem [2008] NSWCA 67

Reported Decision: 72 NSWLR 380 Appeal Outcome: Special leave application refused with costs by the High Court – 14 November 2008

New South Wales Court of Appeal

CITATION: Harrison v Melhem [2008] NSWCA 67 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 6 December 2007

JUDGMENT DATE: 29 May 2008

JUDGMENT OF: Spigelman CJ at 1; Mason P at 21; Beazley JA at 191; Giles JA at 192; Basten JA at 193

1 Appeal upheld in part DECISION: 2 Vary the judgment entered in the Common Law Division by substituting $676 248.85 for $637.409.62 3 Cross appeal dismissed 4 Respondents to pay appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act 1951 if qualified.

CATCHWORDS: APPEAL AND NEW TRIAL – Appeal – general principles – excessive or inadequate damages – damages excessive – amount not so large as to be entirely erroneous – errors in principle in relation to particular components - DAMAGES – Measure and remoteness of damages in actions for tort – measure of damages – personal injuries – loss of earnings and earning capacity – expense flowing from plaintiff's inability to work – particular cases – where loss of earning capacity attributed to injury and also to drug use – whether attributing for drug use an error - DAMAGES – Measure and remoteness of damages in actions for tort – measure of damages – personal injuries – method of assessment – generally – claim for domestic assistance – where assistance required for less than 6 hours per week but for more than 6 months – Civil Liability Act 2002, s15(3) - STATUTES – Acts of Parliament – interpretation – rules of construction – words to be given literal and grammatical meaning – Civil Liability Act 2002, s15(3) - STATUTES – Acts of Parliament – interpretation – rules of construction – where meaning ambiguous or uncertain – presumptions as to legislative intention - STATUTES – Acts of Parliament – interpretation – consideration of extrinsic material – legislative history of the Act – previous state of law and mischief to be remedied – Civil Liability Act 2002, s15(3)