NSW Caselaw
New South Wales Court of Appeal
CITATION: McKay v Palmers Removalists & Storage Pty Ltd [2010] NSWCA 83
HEARING DATE(S): 25 March 2010
JUDGMENT DATE: 20 April 2010
JUDGMENT OF: Beazley JA at 1; Whealy J at 34
1. Appeal allowed; DECISION: 2. The respondent to pay the appellant's costs of the appeal, but to have a certificate under the Suitors' Fund Act 1951, if so qualified; 3. Remit the matter to the District Court for the redetermination of the question of future economic loss; 4. Order that, before order 3 is implemented, pursuant to the Civil Procedure Act 2005, s 26, the assessment of the appellant's future economic loss be referred to mediation.
CATCHWORDS: DAMAGES – future economic loss – whether experience gained after injury impacts on claim for future economic loss – application of principles in Malec v JC Hutton Pty Ltd [1990] HCA 20 - (1990) 169 CLR 638
LEGISLATION CITED: Civil Procedure Act 2005, s 26
CATEGORY: Principal judgment
CASES CITED: Fox v Wood [1981] HCA 41; (1981) 148 CLR 438 Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638
PARTIES: Daniel McKay (Appellant) Palmers Removalists & Storage Pty Ltd (Respondent)
FILE NUMBER(S): CA 2009/298445
COUNSEL: P Maiden SC; T Boyd (Appellant) D Hooke SC; N Broadbent (Respondent)
SOLICITORS: Cameron Gillingham Boyd (Appellant) Edwards Michael Lawyers (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 62/2009
LOWER COURT JUDICIAL OFFICER: Gibson DCJ
LOWER COURT DATE OF DECISION: 19 May 2009
- 14 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 2009/298445
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