Bombala Council v Coombes

Bombala Council appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales concerning the quantum of damages awarded to the respondent, Mr Coombes, for personal injuries sustained in a motor vehicle accident. The primary judge had found the Council liable in negligence and awarded damages, which the Council contended were excessive.

The central legal issue before the Court of Appeal was whether the primary judge had erred in their assessment of damages, specifically in relation to the calculation of past economic loss. The Council argued that the primary judge had made an error in adjusting the figure for past economic loss, leading to an inflated overall award.

The Court of Appeal, comprising Mason P and Hodgson JA, reviewed the primary judge's calculations. They found that an error had indeed been made in the adjustment of past economic loss, which necessitated a variation of the original judgment. The Court applied principles of assessing economic loss in negligence claims, focusing on the correct methodology for accounting for various factors that would have affected the respondent's earning capacity.

The appeal was allowed in part. The Court varied the verdict and judgment, reducing the total sum awarded to Mr Coombes from $267,416.74 to $235,945.83. The costs order at first instance was otherwise confirmed. Regarding the costs of the appeal, there was no order as to costs up to 7 November 2007, but thereafter the appellant (Bombala Council) was ordered to pay the respondent's costs of the appeal on an indemnity basis.