Fitzgerald v Dansey

Fitzgerald v Dansey concerned an appeal against the quantum of damages awarded under the *Motor Accidents Act*. The primary dispute revolved around the apportionment of damages for contributory negligence and whether the non-economic loss awarded met the threshold of "a most extreme case". The appeal was heard by Powell JA, Fitzgerald AJA, and Sperling J.

The court was required to determine several key legal issues. Firstly, it had to assess whether the apportionment of liability for contributory negligence was appropriate. Secondly, the court considered whether the non-economic loss awarded to the plaintiff constituted "a most extreme case" as defined by the relevant legislation. Finally, the court examined whether it was "appropriate" for the defendant to have made an offer of settlement for the purposes of awarding interest.

The court's reasoning focused on the application of the *Motor Accidents Act* to the facts of the case. Regarding contributory negligence, the court reviewed the evidence to determine if the plaintiff's actions had contributed to their injuries and, if so, to what extent. In relation to non-economic loss, the court applied the statutory criteria for "a most extreme case", carefully considering the severity of the plaintiff's injuries and their impact on their life. The court also analysed the defendant's conduct in making or failing to make a settlement offer to determine the appropriateness of awarding interest. The final orders of the court were as set out in paragraph 113 of the judgment.