Long v McDonald

This matter concerned an appeal from a decision of a District Court judge regarding the quantum of damages awarded to the plaintiff, Mr McDonald, in a personal injury claim against the defendant, Mr Long. The appeal was heard by Mason P and Priestley JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in assessing the plaintiff's pre-injury average weekly earnings. The defendant argued that this assessment was demonstrably wrong and required reassessment by the appellate court.

The Court of Appeal found that while the appeal against the basic factual findings of the trial judge failed, there was indeed an error in the judge's assessment of the plaintiff's pre-injury average earnings. The Court undertook a reassessment of this figure, applying established principles for calculating such earnings in personal injury matters. No question of principle requiring a broader legal determination arose.

The appeal was allowed, and the Court of Appeal ordered a variation of the damages awarded by the District Court.