Pace v Webber

In *Pace v Webber*, the New South Wales Court of Appeal considered an appeal concerning the assessment of damages, specifically the mitigation of damages by an injured person under section 39 of the *Motor Accidents Act 1988* (NSW) and the assessment of non-economic loss.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in their assessment of the appellant's damages, particularly in relation to the appellant's failure to mitigate their loss and the quantum of non-economic loss awarded.

The Court of Appeal found that the trial judge had made an error in their assessment of the appellant's failure to mitigate their loss, concluding that the appellant had not acted unreasonably in their efforts to mitigate. Consequently, the appeal was allowed in part, with the damages awarded to the appellant being varied to reflect this finding.