San v Rumble

[2007] NSWCA 256

NEW SOUTH WALES COURT OF APPEAL

CITATION:      San v Rumble [2007]  NSWCA 256

FILE NUMBER(S):
40355/06

HEARING DATE(S):            20 July 2007

JUDGMENT DATE: 20 July 2007
EX TEMPORE DATE:        20 July 2007

PARTIES:
Sonyda San - Claimant
Matthew Rumble - Opponent

JUDGMENT OF:      Beazley JA Ipp JA Campbell JA   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):        61/2006

LOWER COURT JUDICIAL OFFICER:     Gibb DCJ

LOWER COURT DATE OF DECISION:    2 June 2006

COUNSEL:
S G Campbell SC; T Boyd - Claimant
A J Stone - Opponent

SOLICITORS:
Watson Stafford, Fairfield - Claimant
QBE CTP Legal Unit, Sydney - Opponent

CATCHWORDS:
TORTS - negligence - motor vehicle accident - no question of principle

LEGISLATION CITED:

CASES CITED:

DECISION:
Summons for Leave to Appeal dismissed with costs.

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40355/06
DC 61/06

BEAZLEY JA
IPP JA
CAMPBELL JA

Ex tempore Friday 20 July 2007

Sonyda San v Matthew Rumble

Judgment

1. THE COURT:  The Court is hearing a Summons for Leave to Appeal concurrently with the hearing of the appeal.  After consideration of the full argument in the matter, the Court considers that notwithstanding that finding of the trial judge that the claimant’s injuries caused an interference with her work capacity, we are not satisfied that the claimant proved that that interference was productive of a loss even to warrant the award of a buffer for future economic loss.  For that reason, notwithstanding difficulties with the manner in which her Honour expressed herself in her judgment in respect of matters of principle, we do not consider that her Honour is in error in the result.

2. There was also a claim for future medical expenses.  However, as her Honour found, that claim was inconsistent with the actuality of the claimant’s medical requirements at a time since the accident and that also does not give rise to any basis of a need.

3. In those circumstances, the order of the Court is that the Summons for Leave to Appeal is dismissed with costs.

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LAST UPDATED:     24 September 2007