AUSTRALIAN BROADCASTING CORPORATION v VERDE [1988] NSWCA 10

AUSTRALIAN BROADCASTING CORPORATION v VERDE [1988] NSWCA 10

The trial judge’s assessment of general damages and economic loss was within the proper range and disclosed no error warranting appellate interference. The credibility findings, adoption of expert evidence, and factual findings on incapacity were open on the evidence. Accordingly, the appeal fails.

Parties
Appellant/defendant: Australian Broadcasting Corporation; Respondent/plaintiff: Verde
Jurisdiction
Australia
Judgment Date
08 February 1988
Procedural Posture
Appeal / Appeal From District Court Judgment on Assessment of Damages
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment of Damages, Economic Loss, General Damages, Industrial Accident Liability
Personal Injury Torts Industrial Accident Assessment of Damages Economic Loss General Damages Industrial Accident Liability

Case Brief

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Parties

Australian Broadcasting Corporation

Appellant/defendant

Verde

Respondent/plaintiff

Procedural Posture

Appeal / Appeal From District Court Judgment on Assessment of Damages

Legal Issues

  1. 1 Whether the general damages award of $34,000 was excessive
  2. 2 Whether the assessment of economic loss was in error

Ratio Decidendi

The trial judge’s assessment of general damages and economic loss was within the proper range and disclosed no error warranting appellate interference. The credibility findings, adoption of expert evidence, and factual findings on incapacity were open on the evidence. Accordingly, the appeal fails.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.