Rauber, A v Samoty, S [1988] FCA 427

Rauber, A v Samoty, S [1988] FCA 427

The assessment by the trial judge that future unemployability of the plaintiff beyond two years could not be satisfactorily or confidently attributed to the accident was reasonably open on the evidence, given significant credibility issues and competing medical opinions; no error in the approach to quantum of future loss or pain and suffering was demonstrated.

Parties
Appellant and Cross Respondent (defendant): Armin Rauber; Respondent and Cross Appellant (plaintiff): Stanislaw Samoty
Jurisdiction
Australia
Judgment Date
08 May 1988
Procedural Posture
Appeal / Full Federal Court Appeal From Supreme Court of the Australian Capital Territory; Orders Given
Outcome
Cross-appeal dismissed with costs; appeal dismissed with costs
Legal Topics
Adequacy of Damages, Assessment of General Damages, Loss of Earning Capacity
Damages Torts Adequacy of Damages Assessment of General Damages Loss of Earning Capacity

Case Brief

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Parties

Armin Rauber

Appellant and Cross Respondent (defendant)

Stanislaw Samoty

Respondent and Cross Appellant (plaintiff)

Procedural Posture

Appeal / Full Federal Court Appeal From Supreme Court of the Australian Capital Territory; Orders Given

Legal Issues

  1. 1 Whether the award for loss of future earning capacity was inadequate
  2. 2 Whether the amount awarded for pain and suffering was manifestly inadequate
  3. 3 Whether the trial judge erred in findings related to the causation and permanency of psychiatric injury

Ratio Decidendi

The assessment by the trial judge that future unemployability of the plaintiff beyond two years could not be satisfactorily or confidently attributed to the accident was reasonably open on the evidence, given significant credibility issues and competing medical opinions; no error in the approach to quantum of future loss or pain and suffering was demonstrated.

Court Disposition

Cross-appeal dismissed with costs; appeal dismissed with costs

Orders

  • The plaintiff’s cross-appeal is dismissed with costs.
  • The defendant’s appeal is dismissed with costs.