Marsland v Andjelic [No 3]

In *Marsland v Andjelic [No 3]*, the New South Wales Court of Appeal considered an appeal concerning the assessment of damages following a motor vehicle accident. The appellant, Marsland, sought to appeal a decision of the primary judge regarding the quantum of damages awarded to the respondent, Andjelic, who had suffered injuries in the accident.

The central legal issues before the Court of Appeal were whether the primary judge had erred in: (1) failing to make a deduction for the respondent's future earning capacity in light of the evidence presented; and (2) awarding damages for future economic loss on a basis that was not supported by the evidence. The court was required to determine if the primary judge's assessment of damages was demonstrably wrong or based on an incorrect application of legal principles.

The Court of Appeal, in its reasoning, reviewed the evidence presented at trial concerning the respondent's injuries and their impact on his earning capacity. The court applied the principles governing the assessment of damages for personal injury, particularly concerning the deduction for future economic loss. It was held that the primary judge had made an error in failing to adequately consider the evidence regarding the respondent's diminished earning capacity and had awarded damages for future economic loss on an unsubstantiated basis. The court found that the primary judge's assessment was not open to be made on the evidence.

Consequently, the Court of Appeal allowed the appeal, setting aside the primary judge's award for future economic loss and remitting the matter to the primary judge for redetermination of that specific component of the damages.