Flaherty v Girgis (1985) 4 NSWLR 248

Facts: P was injured in Fiji and came back to Australia for treatment and suffered detriment in Australia (medical expenses and loss of earning capacity).

Issue: Does “damage” under UCPR Sch 6(a)(ii) include consequential loss?

Held: Yes, damage means any detriment (physical, financial, social) suffered by P as result of the tort.

Held (McHugh JA at [266-267]): Under the Supreme Court Rules 1970, Pt 10, r 1(1)(e), a statement of claim can be served out of the State, when the proceedings are for the recovery of “damage”, which includes consequential loss, caused by a tortious act or omission wherever occurring if either the whole or part of that damage was suffered in NSW.