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[2000] QCA 426
Court of Appeal (Qld)
2000-10-17
McMurdo P, Pincus JA, White JSeparate reasons for judgment of each, member of the Court Pincus JA and White J concurring as to the orders made, McMurdo P dissenting
Original judgment source is linked above.
Text from the judgment source.
SUPREME COURT OF QUEENSLAND
CITATION:
Tector v FAI General Insurance Co Ltd [2000] QCA 426
PARTIES:
GARRY JOHN TECTOR
(plaintiff/respondent)
v
MICHAEL ROY McCAUGHEY
(first defendant)
FAI GENERAL INSURANCE COMPANY LIMITED (ACN 000 327 855)
(second defendant/appellant)
FILE NO:
Appeal No 7391 of 1999
DC No 130 of 1998
DIVISION:
Court of Appeal
PROCEEDING:
General Civil Appeal
ORIGINATING COURT:
District Court at Maryborough
DELIVERED ON:
17 October 2000
DELIVERED AT:
Brisbane
HEARING DATE:
9 June 2000
JUDGES:
McMurdo P, Pincus JA, White J
Separate reasons for judgment of each member of the Court Pincus JA and White J concurring as to the orders made, McMurdo P dissenting in part
ORDER:
Appeal allowed. Set aside the award of damages made below so far as it relates to pain and suffering and loss of the amenities of life and past and future economic loss and in lieu thereof award $25,000.00 for pain and suffering and loss of the amenities of life (with no interest) and $55,000.00 for past and future economic loss. The new award should be $109, 539.72. Respondent to pay the appellant's costs of the appeal.
CATCHWORDS:
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - METHOD OF ASSESSMENT - GENERALLY - whether assessment of damages for past economic loss, future economic loss and pain, suffering and the loss of amenities of life was manifestly excessive and beyond the limits of a sound discretionary judgment
DAMAGES - MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT - MEASURE OF DAMAGES - PERSONAL INJURIES - LOSS OF EARNINGS AND EARNING CAPACITY - LEGAL PRINCIPLES - whether learned trial judge applied correct test in assessment of damages in respect of past economic loss and loss of future earning capacity
Calder v Boyne Smelters Limited [1991] 1 Qd R 325, considered
Elford v FAI General Insurance Company Limited [1994] 1 Qd R 258, followed
Malec v JC Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638, applied
COUNSEL:
K N Wilson for the appellant
P J Favell for the respondent
SOLICITORS:
McInnes Wilson for the appellant
Bell Dixon Butler for the respondent
Tector
FAI General Insurance Co Ltd [2000] QCA 426
(1990) 169 CLR 638