Mason v Demasi

The appeal in *Mason v Demasi* was heard by Beazley, McColl and Meagher JJA in the Court of Appeal of New South Wales. The dispute concerned the assessment of damages for personal injury, specifically psychological injury, and whether the primary judge had erred in assessing the plaintiff's diminished earning capacity. The core of the disagreement lay in whether certain behaviours exhibited by the plaintiff were a consequence of the tortious act, and whether the awards for past and future economic loss were consequently inadequate.

The court was required to determine two primary legal issues. Firstly, whether the primary judge correctly determined that specific behaviours of the plaintiff were not a consequence of the tortious act when assessing the diminution of her earning capacity. Secondly, the court had to consider whether the awards made by the primary judge for past and future economic loss were demonstrably inadequate.

The Court of Appeal allowed the appeal, setting aside the judgment of the District Court dated 24 March 2011. The court found in favour of the appellant, ordering judgment in the sum of $176,459.50, to take effect as at 24 March 2011. The respondents were ordered to pay the appellant's costs of the appeal and were granted a certificate under the Suitors' Fund Act 1951, provided they qualified.