NSW Caselaw
Reported Decision: 77 NSWLR 468
New South Wales Court of Appeal
CITATION: Fkiaras v Fkiaras [2010] NSWCA 116
HEARING DATE(S): 19 May 2010
JUDGMENT DATE: 27 May 2010
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 2; Macfarlan JA at 51
DECISION: Appeal dismissed with costs.
CATCHWORDS: TRAFFIC LAW – Statutory compensation in respect of motor vehicle accidents – New South Wales – Damages – Respondent injured in motor vehicle accident – Accident occurred as result of appellants' negligence – Respondent and wife controlled properties and businesses – Earnings received by respondent post-injury exceeded section 125 cap – Respondent had no residual earning capacity after accident – Calculation of economic loss based on value of respondent's likely contribution to business operations but for injuries – Damages awarded to respondent in sum of $1,718,908.00 including $322,920 for past economic loss and $269,813 for future economic loss – Appeal against calculation of economic loss – Reference in section 125 to "earnings" is reference to income earned by exercise of injured person's earning capacity – No error in calculation of economic loss – Appeal dismissed
LEGISLATION CITED: Motor Accidents Compensation Act 1999
CATEGORY: Principal judgment
Kallouf v Middis [2008] NSWCA 61 CASES CITED: Kaplantzi v Pascoe [2003] NSWCA 386; (2003) 40 MVR 146 Doughty v Cassidy [2004] QSC 366
Theothera Fkiaris PARTIES: The Nominal Defendant Dimitrios Fkiaras
FILE NUMBER(S): CA 2009/298415
COUNSEL: 1&2A: K P Rewell SC / J Turnbull R: T K Tobin QC / D Campbell
SOLICITORS: 1&2 A: Caroll & O'Dea, Lawyers, Sydney R: Beston Macken McManis, Sydney
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