Golden Eagle International Trading Pty Ltd v Zhang

[2007] HCA 15
Judgment date
Case number
S355/2006
Before
Gummow, Kirby, Hayne, Callinan, Crennan JJ
Catchwords

Damages – s 45 of the Motor Accidents Act 1988 (NSW) obliged an insurer to make certain payments to or on behalf of the victim of a motor accident once the insurer admitted liability to the victim – Treatment of these payments in assessing damages – Whether these payments should be removed from the calculation before or after reducing on account of contributory negligence the amount of damages assessed – What onus of proof should apply to a dispute over such damages.

Damages – Assessment of life expectancy – Whether reference should be made to "projected" or "historical" life expectancy tables.

Words and phrases – "best evidence rule", "contributory negligence", "damages payable", "damages recoverable", "defence".

Law Reform (Miscellaneous Provisions) Act 1965 (NSW).

Motor Accidents Act 1988 (NSW)
– ss 2A, 45, 74.

Motor Accidents Amendment Act 1995 (NSW).

Workers' Compensation Act 1926 (NSW).

Files
15.rtf (52.56 KB)
15.pdf (92.39 KB)