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ARTICLE · 25 AUGUST 2010

Is There A Distinction Between ‘Distress’ And ‘Disappointment’ In Personal Injury Damages?

Moray & Agnew
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The NSW Court of Appeal (‘the Court of Appeal’) was required to consider the breadth of the limitations contained in the Civil Liability Act 2002 (NSW) (‘the Act’) concerning the award of damages for noneconomic loss arising from personal injuries.

AustraliaInsurance
Selva Veeriah
Selva Veeriah
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Insight Vacations Pty Limited v Young [2010] NSWCAA 137

Summary

The NSW Court of Appeal ('the Court of Appeal') was required to consider the breadth of the limitations contained in the Civil Liability Act 2002 (NSW) ('the Act') concerning the award of damages for noneconomic loss arising from personal injuries.

This case involved a claim for non-economic loss for injuries sustained whilst on holiday due to the negligence of a travel agent. The trial judge had awarded damages for pain and suffering under the Act and additional damages for 'disappointment' on the basis that the latter was allowable for breach of contract to provide a holiday and therefore outside the scope of the Act, which was directed at tortious damages.

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