Weideck v Williams

In *Weideck v Williams*, the New South Wales Court of Appeal considered the appropriate assessment of damages for a severely injured plaintiff requiring the acquisition of land and a home for accommodation. The dispute centred on how to quantify the capital value of these necessary assets and related extras, such as a swimming pool, and whether to account for the diversion of funds from income-earning purposes.

The court was required to determine the principles governing the assessment of damages for the capital cost of accommodation necessitated by a plaintiff's injuries. Specifically, it had to consider whether the capital value of such accommodation, including any enhancements, should be fully compensated, and whether the potential for these funds to have been invested to generate income should be factored into the damages award.

The Court of Appeal held that the capital cost of necessary accommodation, including reasonable extras, should be awarded as damages. It reasoned that the plaintiff was entitled to be placed in the position they would have been in had the injury not occurred, which included having suitable accommodation. The court rejected the argument that the capital value should be discounted due to the potential for income generation, finding that the primary consideration was the plaintiff's need for accommodation. The assessment was to be based on the facts of the particular case. The appeal was allowed.