Lawson v Flavel

Case [2001] WASCA 272


LAWSON -v- FLAVEL [2001] WASCA 272



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 272
THE FULL COURT (WA)
Case No:FUL:1/200121 AUGUST 2001
Coram:WALLWORK J
MILLER J
BURCHETT AUJ
31/08/01
23Judgment Part:1 of 1
Result: Appeal dismissed
Cross-appeal dismissed
B
PDF Version
Parties:DAVID TREVOR LAWSON
JOSEPHINE FLAVEL

Catchwords:

Damages
Personal injuries
Plaintiff with pre-existing condition
Challenge to allowances for loss of earning capacity and cost of care
Appropriate deduction for contingencies
Turns on own facts

Legislation:

Nil

Case References:

Black v Motor Vehicle Insurance Trust [1986] WAR 32
Bowen v Tutte (1990) A Torts Rep 81-043
Bresatz v Przibilla (1962) 108 CLR 541
Foyster v Goynich [1984] WAR 80
Gamser v The Nominal Defendant (1977) 136 CLR 145
Kember v Thackrah [2000] WASCA 198
Lloyd v Faraone [1989] WAR 154
Malec v JC Hutton Pty Ltd (1990) 169 CLR 638
Newman v Nugent (1992) 12 WAR 119
Rosenberg v Percival (2001) 75 ALJR 734
State Government Insurance Commission v Hitchcock, unreported; SCt of WA; Library No 970089; 11 March 1997

Abalos v Australian Postal Commission (1991) 171 CLR 167
Agbaba v Witter (1977) 51 ALJR 503
Bennett v Minister for Community Welfare (1992) 176 CLR 408
Black v Motor Vehicle Insurance Trust [1986] WAR 32
Bonnington Castings Ltd v Wardlaw [1956] AC 613
Brunskill v Sovereign Marine & General Insurance Co Ltd (1985) 59 ALJR 842
Calder v Boyne Smelters Ltd [1991] 1 Qd R 325
Chambers v Jobling (1986) 7 NSWLR 1
Chappel v Hart (1998) 195 CLR 232
Devries v Australian National Railways Commission (1993) 177 CLR 472
Galea v Galea (1990) 19 NSWLR 263
Griffiths v Kerkemeyer (1977) 139 CLR 161
March v E & M H Stramare Pty Ltd (1991) 171 CLR 506
Medlin v State Government Insurance Commission (1995) 182 CLR 1
Naxakis v Western General Hospital (1999) 197 CLR 269
Purkess v Crittenden (1965) 114 CLR 164
Rosenberg v Percival (2001) 75 ALJR 734
SS Hontestroom v SS Sagaporack [1927] AC 37
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (1999) 73 ALJR 306
Van Gervan v Fenton (1992) 175 CLR 327
Wallaby Grip (BAE) Pty Ltd (In Liq) v Macleay Area Health Service (1998) 17 NSWCCR 355
Watts v Rake (1960) 108 CLR 158
Western Australia v Watson [1990] WAR 248
Wilson v Peisley (1975) 50 ALJR 207

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : LAWSON -v- FLAVEL [2001] WASCA 272 CORAM : WALLWORK J
    MILLER J
    BURCHETT AUJ
HEARD : 21 AUGUST 2001 DELIVERED : 31 AUGUST 2001 FILE NO/S : FUL 1 of 2001 BETWEEN : DAVID TREVOR LAWSON
    Appellant (Defendant)

    AND

    JOSEPHINE FLAVEL
    Respondent (Plaintiff)



Catchwords:

Damages - Personal injuries - Plaintiff with pre-existing condition - Challenge to allowances for loss of earning capacity and cost of care - Appropriate deduction for contingencies - Turns on own facts




Legislation:

Nil




Result:

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Details
AGLC
Lawson v Flavel [2001] WASCA 272
Case
[2001] WASCA 272
Decision Date

CaseChat Overview and Summary

The case of Lawson v Flavel involves a plaintiff who suffered personal injuries in a car accident. The plaintiff already had a pre-existing condition that affected their earning capacity. The primary dispute centred around the calculation of damages, specifically the allowance for the loss of earning capacity and the cost of care. The High Court of Australia was tasked with deciding whether the trial judge correctly assessed these damages, considering the plaintiff's pre-existing condition and the contingencies involved.

The court examined the legal principles governing the assessment of damages for personal injury, particularly focusing on the concept of loss of earning capacity and the appropriate reduction for contingencies. The key issue was whether the trial judge adequately accounted for the plaintiff's pre-existing condition in determining the damages. Additionally, the court needed to decide if the trial judge's allowance for the cost of care was reasonable given the plaintiff's circumstances.

The High Court found that the trial judge did not make an error in principle in assessing the damages. The court held that the judge appropriately considered the plaintiff's pre-existing condition and made a reasonable allowance for contingencies. The court emphasised that each case turns on its own facts and that the trial judge's assessment was consistent with the applicable legal standards. Consequently, the appeal and cross-appeal were dismissed.

The final orders of the court were to dismiss both the plaintiff's appeal and the defendant's cross-appeal, affirming the trial judge's assessment of damages. The court's decision underscored the importance of a case-by-case approach in determining the appropriate damages for personal injury cases involving pre-existing conditions.

Orders

Orders of the court

Appeal dismissed

Cross-appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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