Lawson v Flavel

[2001] WASCA 272

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Personal injuries
3. › Assessment of damages
4. › Plaintiff with pre-existing condition
5. › Deduction for contingencies
6. › Whether 70% and 80% discounts for contingencies were within range of sound discretionary judgment
1. Damages
2. › Personal injuries
3. › Loss of earning capacity
4. › Future loss of earning capacity
5. › Evaluation of hypothetical possibilities
6. › Pre-existing disability affecting earning capacity
1. Damages
2. › Personal injuries
3. › Gratuitous care
4. › Past and future gratuitous services
5. › Whether sufficient evidence to support allowance
6. › Distinction between services for household and services for plaintiff personally
1. Appeal
2. › Standard of appellate review
3. › Damages assessment
4. › Discretionary judgment
5. › Whether total sum awarded outside limits of sound discretionary judgment
6. › Global award approach

Quick Take

Discounts for contingencies in personal injury damages are entirely discretionary and may be very substantially higher than the standard 2-6% range in Western Australia where the plaintiff has severe pre-existing conditions. A 70% discount for future loss of earning capacity and 80% for future gratuitous care were upheld where the plaintiff had osteogenesis imperfecta and multiple prior injuries. The overall award is what is appealed against, not individual components, and the question is whether the total sum is outside the limits of sound discretionary judgment.