Golden Eagle International Trading Pty Ltd v Zhang

The High Court of Australia considered an appeal from the New South Wales Court of Appeal concerning the assessment of damages for a motor accident victim, Mr Zhang, who was the first respondent. The dispute centred on the proper treatment of payments made by the insurer under section 45 of the *Motor Accidents Act 1988* (NSW) and the correct method for assessing the victim's life expectancy.

The legal issues before the High Court included whether payments made by an insurer under section 45 of the *Motor Accidents Act 1988* (NSW) should be deducted from the total damages assessed before or after the application of a reduction for contributory negligence. Additionally, the Court was required to determine whether "projected" or "historical" life expectancy tables should be used when assessing a claimant's life expectancy.

The High Court allowed the appeal, setting aside the orders of the New South Wales Court of Appeal, except for those relating to costs. The Court found that the Court of Appeal had erred in its approach to the assessment of life expectancy, stating that projected tables published by the Australian Bureau of Statistics were more likely to provide an accurate estimate of future life expectancy than historical tables. The Court also indicated that the appellants would pay the costs of the first respondent in the High Court, with further directions given for the filing of submissions on consequential orders.