Ram v Oib

In *Ram v Oib*, the appellant, Ram, appealed to the Court of Appeal of New South Wales against a decision concerning damages awarded following a motor vehicle accident. The dispute centred on the extent to which the accident contributed to the appellant's injuries, particularly in light of pre-existing health conditions, and whether the appellant had met the statutory threshold for recovery.

The Court of Appeal was required to determine the correct legal test for assessing damages in circumstances where admitted negligence by the respondent caused incapacity, and how to apportion liability for the appellant's current state of health between the accident and pre-existing conditions. A further issue concerned the awareness of specialist doctors regarding the appellant's pre-existing problems and the implications of the lack of cross-examination on this point.

The Court found that the trial judge had erred in assessing the quantum of damages. It held that the evidence did not sufficiently establish that the specialist doctors were aware of the appellant's pre-existing conditions, and that the failure to cross-examine the treating doctor and expert witnesses on this aspect was a significant omission. Consequently, the Court upheld the appeal, set aside the original verdict and judgment, and remitted the proceedings to the District Court for a re-trial solely on the issue of the quantum of damages. The parties had previously agreed on out-of-pocket expenses of $35,036.85 and a *Fox v Wood* component of $15,337.55. The respondent was ordered to pay the appellant's costs of the appeal, with costs in the court below to be determined by the judge presiding over the re-trial.