McDonald v Moore

In the matter of McDonald v Moore, the plaintiff sought damages for personal injuries sustained in a motor vehicle accident caused by the defendant. The dispute centred on the assessment of damages awarded to the plaintiff, specifically the amounts awarded for past and future loss of amenities and earning capacity. The case was heard in the Supreme Court of South Australia, which was then appealed to the Court of Appeal.

The court was required to determine whether the primary judge had adequately considered the treatable aspects of the plaintiff's injuries in the damages assessment, and if the assessment was based on a correct factual foundation. Further, the court had to consider whether the amounts awarded for loss of amenities and earning capacity were excessive, and if the payments made by the defendant's insurer under a loss of income policy were relevant to the damages calculation.

The court found that the primary judge's reasons did not sufficiently address the treatable aspects of the plaintiff's injuries, and the assessment was not based on a correct factual foundation. The court also held that the amounts awarded for loss of amenities and earning capacity were excessive, and the payments made under the loss of income policy were relevant to the damages calculation. Consequently, the appeal was allowed, and the damages were reduced from $882,885 to $738,199.

No further orders were made by the court.