Watts v Turpin

Case [1999] WASCA 216


WATTS -v- TURPIN & ORS [1999] WASCA 216



(1999) 21 WAR 402
SUPREME COURT OF WESTERN AUSTRALIACitation No:[1999] WASCA 216
THE FULL COURT (WA)
Case No:FUL:178/199818 MAY 1999
Coram:MALCOLM CJ
IPP J
STEYTLER J
22/10/99
33Judgment Part:1 of 1
Result: Appeal allowed
PDF Version
Parties:IAN ARTHUR WATTS
MARGARET CHRISTINE TURPIN
ARTHUR JAMES ATKINS
INSURANCE COMMISSION OF WESTERN AUSTRALIA

Catchwords:

Personal injuries
Claim for loss of future earning capacity
Trial Judge erred in finding that plaintiff had returned to pre-accident fitness before trial
Erred in assessing medical evidence and other evidence of diminished capacity including disadvantage in labour market, inability to obtain full-time job or income insurance
Damages based on 40 per cent reduction in earning capacity
Personal injuries
Causation
Claim for loss of profits as a result of inability to fund replanting avocado orchard which inability resulted from injury related impecuniosity
Deferment of profits is compensated by interest
profits themselves not compensated
Personal injuries
Claim for past economic loss
Trial Judge erred in adopting cut off date before trial on basis of finding that plaintiff had returned to pre-accident fitness
Trial Judge erred in calculations by adopting a fixed income figure throughout the period from accident to trial
Personal injuries
Claim for interest
Trial Judge erred in awarding a flat rate of interest on past economic loss
Interest should ordinarily be awarded on a per annum basis

Legislation:

Supreme Court Act 1935, s 32, s 142
Law Reform (Miscellaneous Provisions) Act 1941, s 5

Case References:

Alexander v Cambridge Credit Corporation Ltd (1987) 9 NSWLR 310
Allied Maples Group v Simmons & Simmons [1995] 1 WLR 1602
Arthur Robinson (Grafton) Pty Ltd v Carter (1968) 122 CLR 649
Attorney-General v Geothermal Produce NZ Ltd [1987] 2 NZLR 348
Barnes v Hay (1988) 2 NSWLR 337
Bennett v Jones [1977] 2 NSWLR 355
British Transport Commission v Gourley [1956] AC 185
Burns v NAM Automotive (Aust) Pty Ltd (1986) 161 CLR 653
Cole v Ellis (1992) ATR 81-186
Cullen v Trappell (1980) 146 CLR 1
Dodd v Weeks (1970) 16 FLR 205
Erceg-Hum v Hurn, unreported; FCt SCt of WA; Library No 7723; 23 June 1988
Forsberg v Maslin (1968) SASR 432
Gardner Bros & Perrott (WA) Pty Ltd v Seat, unreported; FCt SCt of WA; Library No 7318, 13 October 1988
Gates v City Mutual Life Assurance Society Ltd (1986) 160 CLR 1
Government Insurance Office (NSW) v Johnson (1981) 2 NSWLR 617
Graham v Baker (1961) 106 CLR 340
Grant v Sun Shipping Co Ltd [1948] AC 549
Hall v Tarlington (1978) 19 ALR 501
House v The King (1936) 55 CLR 499
Jacka v Horsten (1980) 88 LSJS 419
Jenkins v Harrison [1964] VR 637
Jongen v CSR Ltd, unreported; SCt of WA; Library No 920325; 18 June 1992
Kalavrouziotis v Howel, unreported; FCt SCt of WA, Library No 980219, delivered 1 May 1998
Lamb v Camden LBC [1981] 1 QB…

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Watts v Turpin [1999] WASCA 216
Case
[1999] WASCA 216
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CaseChat Overview and Summary

In the matter of Watts v Turpin, the Court of Appeal examined a case involving a claim for personal injuries sustained by the plaintiff, Watts, from a motor vehicle accident. The plaintiff sought compensation for loss of future earning capacity, loss of profits due to inability to fund the replanting of an avocado orchard, past economic loss, and interest on past economic loss. The trial judge's assessment of damages was contested by the plaintiff on several grounds, leading to an appeal. The key issues before the Court of Appeal were whether the trial judge correctly assessed the plaintiff's loss of future earning capacity, loss of profits, past economic loss, and the appropriate rate of interest on past economic loss.

The Court of Appeal held that the trial judge had erred in finding that the plaintiff had returned to pre-accident fitness before the trial, which affected the assessment of the plaintiff's diminished capacity. The Court found that the trial judge had misapplied the medical evidence and other evidence concerning the plaintiff's disadvantage in the labour market and inability to obtain full-time employment or income insurance. As a result, the Court determined that the damages should be based on a 40 per cent reduction in earning capacity. Furthermore, the Court held that the plaintiff's claim for loss of profits due to the inability to fund the replanting of the avocado orchard was not compensable as the deferment of profits was adequately compensated by interest, and the profits themselves were not compensable. Regarding past economic loss, the Court found that the trial judge had erred in adopting a cut-off date before the trial based on the finding that the plaintiff had returned to pre-accident fitness and in calculating damages by adopting a fixed income figure throughout the period from the accident to the trial. Finally, the Court held that the trial judge had erred in awarding a flat rate of interest on past economic loss, stating that interest should ordinarily be awarded on a per annum basis.

The Court of Appeal allowed the appeal, setting aside the trial judge's findings and orders. The case was remitted to the trial court for re-assessment of the damages in light of the Court of Appeal's findings.

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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