Driver v Stewart & MMI

The plaintiff, Driver, brought an action against Stewart and MMI for personal injuries sustained in a motor vehicle accident. The dispute centred on the measure and remoteness of damages, particularly in relation to loss of earnings and earning capacity, non-pecuniary damages, and future aid and treatment. The matter was heard in the Supreme Court of Victoria, and subsequently appealed to the Court of Appeal of Victoria.

The court was required to determine whether the trial judge had erred in calculating the plaintiff's past economic loss by not making any allowances for contingencies. Additionally, the court had to consider if the trial judge had misapplied the law in limiting the plaintiff's retirement age to 60 years, thereby affecting the calculation of future economic loss. The court was also tasked with assessing whether the damages awarded for pain and suffering and the award for future aid and treatment were excessive or inappropriate.

The court found that the trial judge had not erred in the calculation of past economic loss, as the evidence did not support the need for contingency allowances. Regarding future economic loss, the court held that the trial judge was entitled to limit the plaintiff's retirement age to 60 years, given the evidence presented. The court further determined that the amount of damages awarded for pain and suffering and the award for future aid and treatment were not excessive or inappropriate, given the degree of incapacity and discomfort experienced by the plaintiff.

The appeal was dismissed, and the orders of the trial judge were affirmed, with costs awarded to the defendants.