Fountain v Alexander

The High Court of Australia heard an appeal in *Fountain v Alexander*. The dispute concerned the proper assessment of damages for personal injuries sustained by the respondent, Mr. Alexander, in a motor vehicle accident. The appellant, Mr. Fountain, was the driver of the other vehicle involved in the collision. The primary issue on appeal was whether the damages awarded by the trial judge were excessive.

The High Court was required to determine whether the damages awarded for the respondent's injuries, including pain and suffering, loss of amenities of life, and future economic loss, were so high as to constitute an error of law. Specifically, the court considered the principles governing the assessment of damages for non-economic loss and the approach to calculating future economic loss, particularly in circumstances where the injured party's earning capacity has been diminished.

The Court affirmed the well-established principle that an appellate court should only interfere with a trial judge's assessment of damages if the award is demonstrably wrong or so disproportionate as to indicate an error in principle. Applying this principle, the majority of the Court found that the damages awarded for pain and suffering and loss of amenities were within a reasonable range, notwithstanding the significant sum. However, the Court also reviewed the calculation of future economic loss, considering the respondent's pre-accident earning capacity and the impact of his injuries on his ability to earn in the future. The Court ultimately found that the damages awarded were not excessive and upheld the trial judge's assessment.