NSW Caselaw
New South Wales Court of Appeal
CITATION: Miller v Galderisi [2009] NSWCA 353
HEARING DATE(S): 14 October 2009
JUDGMENT DATE: 10 November 2009
JUDGMENT OF: Allsop P; Basten JA; Macfarlan JA
(1) Appeal allowed. (2) Set aside the verdict and judgment, in the sum of $152,403.11, of Delaney DCJ of 16 April 2009. DECISION: (3) Judgment for the respondent in the sum of $9,111.11. (4) The respondent to pay the appellant's costs of the appeal. (5) The respondent to have a certificate under the Suitors' Fund Act 1951, if qualified.
CATCHWORDS: DAMAGES - motor vehicle accident - damages for commercial domestic assistance - gratuitous assistance currently provided - only slight chance of plaintiff needing commercial assistance as a result of injuries suffered in the accident - whether damages for commercial assistance warranted - Motor Accidents Compensation Act 1999, s128 - DAMAGES - future economic loss - loss of earning capacity - speculative possibility only of plaintiff having earned significant income but for the accident - whether damages for loss of capacity warranted
Evidence Act 1995 LEGISLATION CITED: Motor Accidents Compensation Act 1999 Suitors' Fund Act 1951
CATEGORY: Principal judgment
House v The King [1936] HCA 40; (1936) 55 CLR 499 Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 CASES CITED: Nominal Defendant v Lane [2004] NSWCA 405 State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 Wynn v NSW Insurance Ministerial Corporation [1995] HCA 53; (1995) 184 CLR 485
PARTIES: Sheryl Jennifer Miller (Appellant) Rocco Galderisi (Respondent)
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