Sullivan v Gordon

Sullivan, the appellant, brought proceedings against Gordon, the respondent, for damages arising from a motor vehicle accident. The primary dispute concerned the assessment of damages, specifically relating to the appellant's loss of capacity and the provision of gratuitous care for her children, as well as the general impairment of her ability to lead a normal life. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the court were whether the trial judge had erred in assessing damages for the appellant's loss of capacity, particularly in relation to her inability to care for her children, and whether the damages awarded for the impairment of her ability to lead a normal life were appropriate. The court was also required to consider the application of the vicissitudes principle in reducing the awarded damages, in light of the provisions of the *Motor Accidents Act 1988* (NSW), specifically sections 72(2), 79, and 80.

The Court of Appeal, in allowing the appeal, found that the trial judge had made errors in the assessment of damages. The court applied principles established in cases such as *Griffith v Kerkemeyer* and *Burnicle v Cutelli* concerning the assessment of damages for gratuitous care and loss of capacity. The court determined that the damages awarded for the appellant's loss of capacity, including her inability to care for her children and the impairment of her ability to lead a normal life, were not correctly calculated and that the reduction for vicissitudes was also inappropriate.

Consequently, the appeal was allowed, and the orders of the trial court were set aside.