Dang v Chea

In *Dang v Chea*, the Court of Appeal of New South Wales considered an appeal concerning the quantum of damages awarded to the respondent for future accommodation and care following a motor vehicle accident, liability for which had been admitted.

The central legal issue before the Court was whether the award for future accommodation and care was reasonable, specifically in relation to the proportionate relationship between the health benefits obtained and the future costs incurred. The Court was required to determine if the purpose of the award was to fulfil reasonable, rather than ideal, requirements.

The Court reasoned that an award of damages for future accommodation and care should reflect reasonable requirements, not an ideal scenario. It found that the award made by the primary judge was not proportionate to the health benefits the respondent would obtain, and therefore was not reasonable. The Court upheld the appeal and set aside the judgment of the District Court.

The Court ordered that the parties file agreed short minutes of order within 7 days, or proposed orders and submissions within 14 days if agreement could not be reached. The respondent was ordered to pay the appellant's costs of the appeal and was granted a certificate under the *Suitors' Fund Act 1951*, if otherwise entitled.