O'Sullivan v Clark

The appeal in *O'Sullivan v Clark* concerned a personal injury claim arising from a motor accident. The appellant, Mr O'Sullivan, had been awarded damages by the trial court, but contended that the award was inadequate under all heads, including non-economic loss and economic loss, which encompassed superannuation. The appeal was heard by Ipp JA and Stein AJA in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the damages awarded at trial for the appellant's personal injuries were demonstrably too low, and if so, to what extent the award should be increased to reflect the true extent of the appellant's losses, including those relating to his superannuation entitlements.

The Court of Appeal found that the original assessment of damages had failed to adequately compensate the appellant for his losses. Applying principles of assessment for personal injury damages, the Court re-evaluated the evidence and determined that a higher sum was warranted. This reassessment specifically took into account the appellant's diminished earning capacity and the consequential impact on his superannuation.

Consequently, the appeal was allowed with costs. The original verdict and judgment of $168,745.68 were set aside, and in their place, a verdict and judgment were entered for the appellant in the sum of $201,302.68. The respondent was also to receive a certificate under the Suitors Fund Act 1951 if otherwise entitled.