Joanne Darcy by her Tutor Dianne Aldridge v State of New South Wales [2012] HCATrans 191

This matter concerned an application for special leave to appeal to the High Court of Australia, brought by Joanne Darcy, a represented litigant, against the State of New South Wales. The underlying dispute involved allegations of negligence against the State, arising from events that occurred when Ms Darcy was a child.

The primary legal issue before the High Court was whether the Court of Appeal of New South Wales had erred in its determination of the applicable principles of law concerning the assessment of damages for future economic loss in a case involving a child plaintiff who had suffered a significant intellectual disability. Specifically, the applicant sought to challenge the Court of Appeal's approach to the "once and for all" rule and the appropriate method for discounting future economic loss.

The High Court, in granting special leave, indicated that the appeal would likely focus on the correct application of established principles regarding the assessment of damages, particularly in circumstances where a plaintiff's capacity to earn income has been permanently impaired due to the negligence of another party. The Court would consider whether the Court of Appeal had correctly applied the principles relating to the discount for contingencies and the inherent difficulties in predicting future economic circumstances for an individual with a profound intellectual disability.

The High Court granted special leave to appeal.