Mason v Demasi [2012] NSWCA 210

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mason v Demasi [2012] NSWCA 210 Hearing dates: 23 February 2012 Decision date: 13 July 2012 Before: Beazley JA at [1]; McColl JA at [2]; Meagher JA at [3] Decision: (1) Appeal allowed. (2) Judgment of the District Court of 24 March 2011 set aside. (3) Judgment for the appellant in the sum of $176,459.50. (4) Judgment to take effect as at 24 March 2011. (5) Respondents to pay the appellant's costs of the appeal and to have a certificate under the Suitors' Fund Act 1951, if qualified. [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 - personal injury - psychological injury - whether when assessing diminution in earning capacity, primary judge correctly treated certain behaviour as not being a consequence of tortious act - whether awards of past and future economic loss inadequate Legislation Cited: Civil Liability Act 2002 Suitors' Fund Act 1951 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; 60 MVR 194 Crystal Wall Pty Ltd v Pham [2005] NSWCA 449 Dell v Dalton (1991) 23 NSWLR 528 Graham v Baker [1961] HCA 48; 106 CLR 340 Mason v Demasi [2009] NSWCA 227 Medlin v State Government Insurance Commissioner [1995] HCA 5; 182 CLR 1 Moran v McMahon (1985) 3 NSWLR 700 Penrith City Council v Parks [2004] NSWCA 201 Southgate v Waterford (1990) 21 NSWLR 427 Category: Principal judgment Parties: Penelope Jayne Mason (Appellant) Antonio Demasi (First Respondent) Giovannina Demasi (Second Respondent) Representation: Counsel: Ms S Norton SC, Ms M Fraser (Appellant) Mr P Deakin QC, Mr A Scotting (Respondents) Solicitors: Brydens Law Office (Appellant) Moray & Agnew (Respondents) File Number(s): CA 2011/102685 Decision under appeal Date of Decision: 2011-03-24 00:00:00 Before: Kearns DCJ File Number(s): DC 2006/297150 (formerly 2006/5495)