Morvatjou v Moradkhani [2013] NSWCA 157

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Morvatjou v Moradkhani [2013] NSWCA 157 Hearing dates: 1 February 2013 Decision date: 05 June 2013 Before: McColl JA at [1], Hoeben JA at [106], Tobias AJA at [109] Decision: 1 Appeal allowed. 2 Set aside the verdict and judgment for the plaintiff ordered by Williams DCJ on 22 November 2011. 3. Direct the parties, if they are able to agree as to the amount of damages recalculated in accordance with this judgment, to lodge with the Court within seven days of the date of this judgment a form of consent order to be made by the Court in chambers. 4. In the event the parties are unable to agree as to the amount of damages direct that: (a) within seven days of the date of this judgment the appellant lodge with the Court a submission identifying the orders that he contends should be made to give effect to this judgment, together with submissions in support of that contention; (b) within seven days thereafter the respondents lodge a reply to the appellant's submissions; (c) within a further seven days the appellant lodge any submission in reply to that of the respondents. 5. Cross-appeal dismissed. 6. Respondents to pay the appellant's costs of the appeal and the cross-appeal and 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 - accident at workplace - damages for past economic loss - quantification of lost earning capacity - where appellant's lost earning capacity not reflected by income disclosed in tax returns - whether falsity of tax returns must be admitted before allowance could be made on that basis