Taylor v Walker

The parties to this appeal were the appellant, Taylor, and the respondent, Walker. The dispute concerned the assessment of damages awarded to the respondent following a motor accident. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge’s assessment of damages for future treatment expenses and past and future assistance was erroneous and unsupported by the evidence. A further issue was whether the evidence supported the award of a buffer amount for contingencies.

The Court of Appeal considered the evidence presented regarding the respondent's future medical needs and the assistance required. It was held that the primary judge’s assessment was not demonstrably wrong and was adequately supported by the evidence. The court applied the principles governing the assessment of damages for future economic and non-economic loss, including the need for evidence to establish the likelihood and cost of future treatment and assistance. The court found no error in the primary judge’s approach to awarding a buffer for contingencies, concluding that it was a reasonable inclusion given the uncertainties inherent in such assessments.

The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs.