Loxton v New South Wales

The appeal in *Loxton v New South Wales* concerned a challenge to a District Court judge's findings on damages awarded to a school student who sustained injuries. The dispute centred on the assessment of various components of the damages claim, including general damages, future economic loss, and medical expenses.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in their assessment of the damages, particularly in relation to future economic loss and the distinction between general and special damages. The court was required to determine if the awarded sum adequately compensated the appellant for their injuries and losses, and whether a new trial was warranted.

The Court of Appeal allowed the appeal, finding that the trial judge's assessment of damages was flawed. The court distinguished between general damages, which compensate for non-economic loss, and special damages, which cover quantifiable economic losses. The court re-assessed the damages, increasing the total award to $199,542.43, which included specific amounts for general damages, past care (Griffiths v Kerkemeyer), agreed out-of-pocket expenses, future economic loss, and future medical expenses. The court also made specific orders regarding the calculation of interest on different components of the award.