Alldinger v Du Ranot

The appeal concerned a motor vehicle accident where the plaintiff, Alldinger, was successful in the primary proceedings but appealed the quantum of damages awarded. The appeal was heard by Gleeson, Leeming, and Adamson JJA. Alldinger sought to adduce further evidence that was available at the time of the original hearing.

The central legal issues before the Court of Appeal were whether the trial judge erred in calculating damages based on actual earnings, given the plaintiff had not paid tax for several years, and whether future economic loss, based on past business performance and unchallenged forensic evidence, ought to have been accepted. The court also considered the application to adduce further evidence.

The Court of Appeal dismissed the appellant's notice of motion seeking to adduce further evidence, finding that it was not in the interests of justice to admit evidence that was available at the time of the original hearing. The court upheld the trial judge's assessment of damages, implicitly accepting the reasoning that actual earnings, even if untaxed, formed the basis for calculating past economic loss. Furthermore, the court found no error in the acceptance of future projections for economic loss, given the unchallenged forensic evidence. Consequently, the appeal was dismissed.