Cupac v Cannone

The appeal in *Cupac v Cannone* concerned the assessment of damages for injuries sustained by the appellant in a motor vehicle accident. The primary judge had made findings regarding past and future economic loss and the appellant's residual earning capacity, which the appellant challenged on appeal.

The central legal issues before the Court of Appeal were whether the primary judge had erred in assessing the appellant's past and future economic loss, in determining the appellant's residual earning capacity, and in failing to consider the impact of inflation on the damages awarded. The appellant also argued that the primary judge had failed to provide adequate reasons for the decision.

The Court of Appeal found no error in the primary judge's assessment of economic loss or residual earning capacity. The court held that the primary judge had properly considered the conflicting expert medical evidence and had provided sufficient reasons for preferring one opinion over another. The court also determined that the primary judge was not required to explicitly consider inflation in the absence of specific evidence or argument on the point.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.