McKenzie v Wood

The appeal in *McKenzie v Wood* concerned a challenge to a damages award for personal injury. The plaintiff had suffered from early primary osteoarthritis prior to the accident, which the defendant conceded caused the hip replacement surgery to become urgent. The appeal focused on the inclusion of the cost of this hip replacement in the damages award and the assessment of non-economic loss, including a 15% allowance for vicissitudes.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in including the cost of the hip replacement surgery in the damages award, and whether the assessment of non-economic loss, including the vicissitudes allowance, was demonstrably wrong. The appellants sought to establish an appellable error, particularly a question of principle, in the primary judge's findings.

The Court of Appeal found no appellable error in the primary judge's decision regarding the inclusion of the hip replacement cost, nor in the assessment of non-economic loss or the vicissitudes allowance. The court determined that the primary judge had correctly applied the relevant legal principles to the facts of the case, and that the appellants had failed to demonstrate any error of law or fact that would warrant appellate intervention.

However, the appeal was allowed in respect of grounds 6 and 7, with the remainder of the appeal being dismissed. The parties were directed to prepare draft minutes of order to reflect the Court’s reasons, with further submissions to be made regarding any unresolved matters.