Steve Masselos & Co v Young [2011] NSWCA 352

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Steve Masselos & Co v Young [2011] NSWCA 352 Hearing dates: 17 August 2011 Decision date: 21 November 2011 Before: McColl JA at 1, Handley AJA at 2, Sackville AJA at 57 Decision: (1) Appeal allowed in part; (2) Grant leave to cross appeal, the notice of cross appeal to be filed within 10 days; (3) Cross appeal allowed; (4) Judgment of the District Court set aside; (5) In lieu thereof substitute judgment for the plaintiff for $18,278 with effect from 13 October 2010; (6) Liberty to the parties to apply to correct the mathematical calculations in these reasons and for the making of appropriate orders for the costs of the trial, appeal and cross appeal consequential upon these reasons. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: Damages - loss of action against tortfeasor - assessment of damages - notional trial and judgment dates -evidence of later unforeseen events Negligence - solicitor - loss of action against tort feasor - assessment of loss at notional trial and judgment dates - evidence of later unforeseen events inadmissible Legislation Cited: Workers Compensation Act 1987 Cases Cited: Firth v Sutton [2010] NSWCA 90 Firth v Sutton (No 2) [2010] NSWCA 109 Johnson v Perez [1988] HCA 64; 166 CLR 351 McIntosh v Williams [1976] 2 NSWLR 237 Nikolaou v Papasavas Phillips & Co [1989] HCA 11; 166 CLR 394 Category: Principal judgment Parties: John Young - A/O Steve Masselos & Co - A/R Representation: Mr N Hutley SC with Mr M Dicker for the Applicant/Respondent in the appeal Mr AC Scotting for the Opponent/Appellant in the appeal A - Maxwell Berghouse & Ives R - Yeldham Price O'Brien Lusk File Number(s): CA 2010/317783 Decision under appeal Citation: Young v Masselos & Co [2010] NSWDC 169 Date of Decision: 2010-08-13 00:00:00 Before: Levy SC DCJ File Number(s): DC 2008/317783