Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298 Hearing dates: 21 June 2013 Decision date: 09 September 2013 Before: Meagher JA; Barrett JA Decision: (1) Leave to appeal granted. (2) Appeal dismissed. (3) Appellant pay the respondents' costs of the proceedings in this Court. [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 - assessment of damages - personal injury - non-economic loss - whether trial judge assessed on wrong factual basis - no question of principle DAMAGES - assessment of damages - personal injury - economic loss - whether trial judge correctly concluded appellant's diminished earning capacity would not be productive of economic loss - no question of principle Legislation Cited: Civil Liability Act 2002, ss 13, 16 Supreme Court Act 1970, s 46A Cases Cited: Dell v Dalton (1991) 23 NSWLR 528 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 Husher v Husher [1999] HCA 47; (1999) 197 CLR 138 Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1 Moran v McMahon (1985) 3 NSWLR 700 Southgate v Waterford (1990) 21 NSWLR 427 Wilson v Peisley (1975) 50 ALJR 207 Category: Principal judgment Parties: Rebecca Nemeth (Appellant) Westfield Shopping Centre Management Co Pty Ltd (First Respondent) PT Limited (Second Respondent) Representation: Counsel: S Norton SC, E Welsh (Appellant) G J Parker SC (Respondents) Solicitors: Brydens Law Office (Appellant) Piper Alderman (Respondents) File Number(s): CA 2012/179887 Decision under appeal Date of Decision: 2012-05-11 00:00:00 Before: P Mahony SC DCJ File Number(s): DC 2010/426743