Mead v Kerney [2012] NSWCA 215

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mead v Kerney [2012] NSWCA 215 Hearing dates: 28 March 2012 Decision date: 23 July 2012 Before: McColl JA at [1] Macfarlan JA at [2] Sackville AJA at [51] Decision: The appeal and cross-appeal are dismissed with costs. [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 - economic loss - theoretical earning capacity of no value where no reasonable prospect of obtaining work to utilise it - estimation of lost earnings by reference to those of comparable employee Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13; 60 MVR 194 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Kallouf v Middis [2008] NSWCA 61 Magnou v Australian Wool Testing Authority Ltd [2007] NSWCA 357 Nominal Defendant v Livaja [2011] NSWCA 121 State of New South Wales v Moss [2000] NSWCA 133; 54 NSWLR 536 Texts Cited: Luntz, Assessment of Damages for Personal Injury and Death, 4th ed (2002), LexisNexis Butterworths Category: Principal judgment Parties: John Mead (First Appellant) Scott Staden-Gaffney (Second Appellant) Bruce Walter Edward Kerney (Respondent) Representation: Counsel: K P Rewell SC (Appellants) S Norton SC/M Campbell (Respondent) Solicitors: Sparke Helmore Lawyers (Appellants) Brydens (Respondent) File Number(s): CA 2009/297723 Decision under appeal Citation: Kerney v Mead & Anor [2011] NSWSC 518 Date of Decision: 2011-06-03 00:00:00 Before: Garling J File Number(s): SC 2009/297723