Fowler v Garcia

In *Fowler v Garcia*, the New South Wales Court of Appeal considered a dispute arising from a motor vehicle accident. The appeal concerned the assessment of damages, specifically non-economic loss, and the calculation of interest pursuant to section 73 of the *Motor Accidents Act*.

The primary legal issues before the Court of Appeal were whether the assessment of damages for non-economic loss had been made in accordance with the "most extreme case" threshold, and whether the interest awarded under the *Motor Accidents Act* had been correctly calculated.

The Court of Appeal reviewed the evidence and the original assessment of damages. It applied the principles governing the assessment of non-economic loss under the relevant legislation, considering the severity of the injuries sustained and the degree to which they represented the "most extreme case". The Court also examined the statutory requirements for calculating interest on damages awarded under the *Motor Accidents Act*, ensuring compliance with the legislative framework.

The appeal was allowed, and the cross-appeal was also allowed. The appellant was ordered to pay the costs of the cross-appeal, with no order as to the costs of the main appeal.