Alldinger v Du Ranot

[2023] NSWCA 271

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Alldinger v Du Ranot [2023] NSWCA 271

Hearing dates:

2 November 2023

Decision date:

10 November 2023

Before:

Gleeson JA at [1]; Leeming JA at [2]; Adamson JA at [3]

Decision:

(1)   Dismiss the appellant’s notice of motion filed on 4 October 2023.

(2)   Appeal dismissed.

(3)   Appellant to pay the respondent’s costs of the appeal, including the costs of the appellant’s notice of motion filed on 4 October 2023.

Catchwords:

APPEALS — TORTS — DAMAGES — motor vehicle accident — successful plaintiff appealing judgment sum — application to adduce further evidence available at time of hearing in Court below — damages calculated based on actual earnings where plaintiff had not paid tax for several years — future economic loss based on past performance of business and unchallenged forensic evidence — whether future projections ought be accepted in an assessment of future economic loss

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 56

Motor Accidents Compensation Act 1999 (NSW), Part 4.5, ss 94, 95, 111, 151

Motor Accidents Injuries Act 2017 (NSW)

Supreme Court Act 1970 (NSW), s 75A

Cases Cited:

Akins v National Australia Bank (1994) 34 NSWLR 155

Allianz Australia Insurance Ltd v Kerr (2012) 83 NSWLR 302; [2012] NSWCA 13

Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8

Minister for Immigration and Ethnic Affairs v Guo; Minister for Immigration and Ethnic Affairs v Pan (1997) 191 CLR 559; [1997] HCA 22

Penrith City Council v Parks [2004] NSWCA 201

R v Birks (1990) 19 NSWLR 677

Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127

Category:

Principal judgment

Parties:

Michael Alldinger (Appellant)
Donovan Du Ranot (Respondent)

Representation:

Counsel:
Appellant (Self-represented)
B Kelleher SC / F Salama (Respondent)

Solicitors:
Not applicable (Appellant)
Moray & Agnew (Respondent)

File Number(s):

2023/91369

 Decision under appeal 

Court or tribunal:

District Court

Jurisdiction:

Civil

Citation:

Alldinger v Du Ranot [2023] NSWDC 37

Date of Decision:

28 February 2023

Before:

Levy SC DCJ

File Number(s):

2022/222975

HEADNOTE

[This headnote is not to be read as part of the judgment]

Michael Alldinger (the appellant) was struck by a motor vehicle driven by Donovan Du Ranot (the respondent) when riding his bicycle in June 2017. He received judgment in his favour in the sum of $1,103,234.45 ordered by Levy SC DCJ (the primary judge) in the District Court on 28 February 2023, following a three-day hearing, during which the only issue was the quantum of damages. Mr Alldinger appeals against the judgment and challenges the assessment of damages on a number of grounds.

In 2013, Mr Alldinger purchased a café business in Moss Vale and operated it as a sole trader until his accident. He admitted in this Court and the Court below that there was a discrepancy between the income which he declared on his tax returns and his actual income because he could not afford to pay tax. The café was closed from the…