NSW Caselaw
New South Wales Court of Appeal
CITATION: Zreika v State of NSW [2009] NSWCA 99
HEARING DATE(S): 24 April 2009
JUDGMENT DATE: 6 May 2009
JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Macfarlan JA at 47
(a) The appeal is upheld. DECISION: (b) The damages that Robison DCJ awarded the appellant are increased by $40,000. (c) The respondent to pay the appellant's costs of the appeal and the costs of the trial. (d) The respondent to be entitled to a certificate under the Suitor's Fund Act 1951 if otherwise entitled.
CATCHWORDS: DAMAGES - measure and remoteness of damages in actions for tort - measure of damages - non-economic loss - Civil Liability Act 2002 s 16 - whether non-economic loss at least 15 per cent of the most extreme case - economic loss - Civil Liability Act 2002 s 13 - award of buffer for future economic loss.
LEGISLATION CITED: Civil Liability Act 2002 ss 13, 16
CATEGORY: Principal judgment
Fegan v Lane Cove House Pty Limited [2007] NSWCA 88 K'Mart Australia Limited v McCann [2004] NSWCA 283 CASES CITED: New South Wales v Zerafa [2005] NSWCA 187 Penrith City Council v Parks [2004] NSWCA 201 State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 The Nominal Defendant v Lane [2004] NSWCA 405
PARTIES: Haysam Zreika (A) State of New South Wales (R)
FILE NUMBER(S): CA 40100/08
COUNSEL: P G Maiden SC and T J Boyd (A) M Cashion SC and S C Finnane (R)
SOLICITORS: Kheir & Associates (A) I V Knight, Crown Solicitor (R)
LOWER COURT JURISDICTION: District Court
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