GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v COLLIER [1992] NSWCA 80

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v COLLIER [1992] NSWCA 80

The appellate court can correct the admitted errors in the assessment of damages without the necessity of a new trial, as the factual assessments required did not depend on credibility findings that could not be made from the transcript and exhibits. Substituted judgments for damages reflect proper calculation as per agreed and established fact and law.

Parties
Appellant/defendant: Government Insurance Office of New South Wales; Respondent/plaintiff: Mrs Collier
Jurisdiction
Australia
Judgment Date
29 May 1992
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal upheld; original judgment set aside; new judgment for the plaintiff; costs order for defendant
Legal Topics
Assessment of Damages, Appeal Procedure, Correction of Errors, Motor Vehicle Accidents
Torts Personal Injury Insurance Law Assessment of Damages Appeal Procedure Correction of Errors Motor Vehicle Accidents

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Parties

Government Insurance Office of New South Wales

Appellant/defendant

Mrs Collier

Respondent/plaintiff

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether admitted errors in the assessment of damages by the trial judge can and should be corrected on appeal
  2. 2 Whether a new trial is necessary due to multiple errors or whether the appellate court can substitute correct figures
  3. 3 Proper assessment of past and future economic loss and general damages where credibility is in issue

Ratio Decidendi

The appellate court can correct the admitted errors in the assessment of damages without the necessity of a new trial, as the factual assessments required did not depend on credibility findings that could not be made from the transcript and exhibits. Substituted judgments for damages reflect proper calculation as per agreed and established fact and law.

Court Disposition

appeal upheld; original judgment set aside; new judgment for the plaintiff; costs order for defendant

Orders

  • Appeal upheld.
  • Judgment set aside.