Pirillo v Telstra Corporation Ltd [1999] NSWCA 463

Procedural Posture

Appeal Concerning Assessment of Damages for Personal Injury / Appeal From District Court Judgment on Quantum After Liability Admitted

Legal Issues

1. 1 ["Whether the trial judge erred in finding that the appellant's thoracic outlet compression or traumatic cervical rib syndrome was not causally connected to the accident on the balance of probabilities." 'Whether the trial judge should have taken that condition into account when assessing general damages and economic loss.' 'Whether the Court of Appeal could reassess damages itself or should order a new trial limited to damages.']

Ratio Decidendi

The trial judge erred by not taking into account medical evidence from Dr Machart and Dr Leslie which provided a basis for finding that the appellant probably suffered thoracic outlet compression as a result of the accident. That omitted aspect was probably significant to damages, but the Court of Appeal could not confidently reassess the amount, so the judgment as to quantum had to be set aside and a new trial limited to damages ordered.

Court Disposition

Appeal allowed as to quantum; new trial limited to damages ordered.

Orders

• ['Judgment as to quantum set aside.' 'New trial to be held limited to damages.' "Respondent to bear appellant's costs of appeal."]