Thomas v Bass

Case [2006] WASCA 59


THOMAS -v- BASS [2006] WASCA 59



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2006] WASCA 59
THE FULL COURT (WA)
Case No:FUL:96/20033 JUNE 2004, 8 NOVEMBER 2005
Coram:MURRAY J
EM HEENAN J
LE MIERE J
5/04/06
27Judgment Part:1 of 1
Result: Appeal allowed
B
PDF Version
Parties:GEORGINA DAPHNE THOMAS
DAVID ALLEN BASS

Catchwords:

Torts
Negligence
Causation
Admission of new evidence
Assessment of damages for non-pecuniary loss under Motor Vehicle (Third Party Insurance) Act
Assessment of damages for future economic loss at general law
Once and for all rule

Legislation:

Motor Accidents Act 1988 (NSW), s 79
Motor Vehicle (Third Party Insurance) Act 1943 (WA), s 3C

Case References:

Abalos v Australian Postal Commission (1990) 171 CLR 167
Doherty v Liverpool District Hospital (1991) 22 NSWLR 284
Malec v J C Hutton Pty Ltd (1990) 169 CLR 638
Mulholland v Mitchell [1971] AC 666
Southgate v Waterford (1990) 21 NSWLR 427
Wylde v 'Arriaza, unreported; FCt SCt of WA; Library No 970359; 23 July 1997

Knight v Anderson (1997) 17 WAR 85
March v E & M H Stramare Pty Ltd (1991) 171 CLR 506
Medlin v The State Government Insurance Commission (1995) 182 CLR 1
Morris v Zanki (1997) 18 WAR 260
Paul v Rendell (1981) 55 ALJR 371
Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118
Tubemakers of Australia Ltd v Fernandez (1976) 10 ALR 303
Watts v Rake (1960) 108 CLR 158

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : THOMAS -v- BASS [2006] WASCA 59 CORAM : MURRAY J
    EM HEENAN J
    LE MIERE J
HEARD : 3 JUNE 2004, 8 NOVEMBER 2005 DELIVERED : 5 APRIL 2006 FILE NO/S : FUL 96 of 2003 BETWEEN : GEORGINA DAPHNE THOMAS
    Appellant

    AND

    DAVID ALLEN BASS
    Respondent


ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : LA JACKSON DCJ

Citation : THOMAS -v- BASS [2003] WADC 134

File No : CIV 2406 of 2001



(Page 2)






Catchwords:

Torts - Negligence - Causation - Admission of new evidence - Assessment of damages for non-pecuniary loss under Motor Vehicle (Third Party Insurance) Act - Assessment of damages for future economic loss at general law - Once and for all rule

Legislation:

Motor Accidents Act 1988 (NSW), s 79


Motor Vehicle (Third Party Insurance) Act 1943 (WA), s 3C

Result:

Appeal allowed

Category: B


Representation:

Counsel:


    Appellant : Mr D R Clyne
    Respondent : Mr J R Brooksby

Solicitors:

    Appellant : Friedman Lurie Singh & D'Angelo
    Respondent : Greenland Brooksby



Case(s) referred to in judgment(s):

Abalos v Australian Postal Commission (1990) 171 CLR 167
Doherty v Liverpool District Hospital (1991) 22 NSWLR 284
Malec v J C Hutton Pty Ltd (1990) 169 CLR 638
Mulholland v Mitchell [1971] AC 666
Southgate v Waterford (1990) 21 NSWLR 427
Wylde v 'Arriaza, unreported; FCt SCt of WA; Library No 970359; 23 July 1997
(Page…

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Thomas v Bass [2006] WASCA 59
Case
[2006] WASCA 59
Decision Date

CaseChat Overview and Summary

In the case of Thomas v Bass, the respondent sought damages for injuries sustained in a motor vehicle accident. The trial judge found that the appellant was negligent, and the respondent was entitled to damages. The High Court of Australia heard the appeal from the appellant. The primary issue before the court was whether the trial judge's assessment of damages for non-pecuniary loss was correct under the Motor Vehicle (Third Party Insurance) Act, and whether the assessment of damages for future economic loss at general law was also correct.

The court held that the trial judge had erred in assessing the respondent's non-pecuniary damages. The court found that the trial judge had not applied the correct principles in determining the appropriate amount of damages for non-pecuniary loss. The court also found that the trial judge had erred in assessing the respondent's future economic loss. The court held that the trial judge had not taken into account all of the relevant factors in determining the appropriate amount of damages for future economic loss. The court found that the trial judge had not given sufficient weight to the respondent's age and the likelihood of future employment opportunities.

The court held that the trial judge's assessment of damages was incorrect and ordered a new trial to determine the appropriate amount of damages. The court also held that the trial judge's finding of negligence on the part of the appellant was correct, and that the appellant was liable for the respondent's injuries. The court held that the respondent was entitled to damages for his injuries, but that the amount of damages had not been correctly assessed by the trial judge. The court ordered that the case be remitted to the trial judge for a new assessment of damages.

Orders

Orders of the court

Appeal allowed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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