White v Redding

The appeal concerned an assessment of damages for non-economic loss arising from an eye injury sustained by the respondent when struck by a tennis ball during a tennis lesson. The appellant, the instructor, argued that the primary judge had erred in their assessment of the severity of the non-economic loss under section 16 of the *Civil Liability Act 2002* (NSW).

The central legal issues before the Court of Appeal were whether the primary judge had correctly assessed the degree of permanent impairment and the appropriate amount of damages for non-economic loss, and whether the evidence presented regarding the respondent's future economic loss, particularly given their adolescent age, was sufficient. The court also considered the nature of appellate review concerning assessments of non-economic loss under the *Civil Liability Act 2002* (NSW).

The Court of Appeal affirmed the primary judge's assessment, finding no error in the application of section 16 of the *Civil Liability Act 2002* (NSW). The judges were satisfied that the primary judge had properly considered all relevant evidence in determining the severity of the injury and the resulting non-economic loss. Furthermore, the court found that the evidence presented regarding the respondent's future economic loss was adequate, referencing the principles established in *State of New South Wales v Moss* (2000) 54 NSWLR 536 concerning the extent of evidence required in cases involving adolescents.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.