Amoud v Al Batat

The appeal concerned an assessment of damages for future economic loss arising from a motor vehicle accident. The appellant, Amoud, had sustained psychological injuries and received a prescribed course of psychological treatment. The respondent, Al Batat, challenged the adequacy of the damages awarded by the District Court, specifically questioning whether the prescribed treatment was likely to be undertaken and, if so, its likely effect on the appellant's future earning capacity. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the District Court had erred in its assessment of future economic loss, particularly in relation to the impact of the appellant's psychological injuries and the prescribed treatment on her future earning capacity. This involved determining the likelihood of the appellant undertaking the recommended treatment and the extent to which such treatment would mitigate her loss of earning capacity. The court was required to consider the provisions of section 126 of the *Motor Accidents Compensation Act 1999* (NSW) in its assessment.

The Court of Appeal found that the District Court had made an error in its assessment of future economic loss. The court reasoned that the District Court had not adequately considered the likelihood of the appellant undertaking the recommended psychological treatment and its potential impact on her future earning capacity. The court applied principles relating to the assessment of damages for future economic loss, emphasizing the need for a realistic appraisal of the claimant's future circumstances, including the potential benefits of medical treatment.

The appeal was allowed, and the orders of the District Court were set aside. The Court of Appeal directed that judgment be entered for the plaintiff in an amount to be notified by the parties, to take effect from the date of the original District Court judgment. The defendant was ordered to pay the plaintiff's costs in the District Court, and the respondent was ordered to pay the appellant's costs in the Court of Appeal, with a certificate granted under the *Suitors’ Fund Act 1951* (NSW) for the costs of the appeal.