Kleiner v Ngawaka [2005] NSWCA 389

Kleiner v Ngawaka [2005] NSWCA 389

No error of principle was demonstrated in the trial judge's assessment of damages and findings on credibility; given the evaluative nature and the evidence, leave to appeal and cross-appeal were refused.

Jurisdiction
Australia
Judgment Date
15 November 2005
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Leave to appeal and leave to cross-appeal refused; no order as to costs.
Legal Topics
['assessment of Damages' 'credibility of Plaintiff' 'appeal Process']
['negligence' 'personal Injury'] ['assessment of Damages' 'credibility of Plaintiff' 'appeal Process']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the trial judge erred in the assessment of damages' 'Whether findings on credibility affected the damages awarded' 'Appropriate application of the Motor Accidents Act s 79A and s 70A']

Ratio Decidendi

No error of principle was demonstrated in the trial judge's assessment of damages and findings on credibility; given the evaluative nature and the evidence, leave to appeal and cross-appeal were refused.

Court Disposition

Leave to appeal and leave to cross-appeal refused; no order as to costs.

Orders

  • ['Application by Claimant for leave to appeal from the judgment and orders of the District Court of 15 October 2004 refused, with no order as to costs.' 'Application by Opponents for leave to appeal from the judgment and orders of the District Court of 15 October 2004 refused, with no order as to costs.']