Sretenovic v Reed

[2009] NSWCA 280

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Excessive damages
3. › Review of conclusion as to plaintiff's psychological condition
4. › Whether findings of fact unsupported by evidence
5. › Whether primary judge applied personal opinion as to potential for recovery
1. Evidence
2. › Medical evidence
3. › Assessment of psychological condition
4. › Assessment based on inadequate evidence
5. › Judicial obligation to make findings of fact on proved evidence
1. Damages
2. › Personal injuries
3. › Non-economic loss
4. › Assessment as percentage of most extreme case
5. › Whether assessment manifestly erroneous
6. › Civil Liability Act 2002 (NSW), s 16
1. Damages
2. › Personal injuries
3. › Future economic loss
4. › Assessment of future loss of earning capacity of a minor
5. › Whether buffer should be awarded rather than calculated loss over working life
6. › Civil Liability Act 2002 (NSW), ss 13(1), 13(2), 13(3)

Quick Take

A trial judge who purports to accept expert psychiatric evidence but then makes findings about prognosis and treatment prospects that go beyond or contradict that evidence commits an error of law akin to substituting personal opinion for proved evidence. Where a plaintiff is a minor with no employment history and the impact of injury on future earning capacity is uncertain, a buffer award is the appropriate method of assessing future economic loss rather than a calculated percentage of average weekly earnings over the entire working life.