BURKINSHAW v BAINES [1994] NSWCA 35

BURKINSHAW v BAINES [1994] NSWCA 35

The appellate court held that the trial judge's findings that the second injury was a foreseeable consequence of the first, primarily due to the lack of sensation in the plaintiff's fingers resulting from the first injury, were supported by the evidence. The global award of general damages, including the component for aggravation of chronic fatigue syndrome by stress, was justified and not excessive.

Parties
Plaintiff/respondent/cross Appellant: Burkinshaw; Defendant/appellant: Baines
Jurisdiction
Australia
Judgment Date
07 July 1994
Procedural Posture
Civil Appeal (damages, Personal Injury) / Appeal Judgment
Outcome
Appeal dismissed with costs; cross appeal allowed in part; judgment sum adjusted to $110,028 from date of trial; no order as to costs of cross appeal.
Legal Topics
Damages, Causation, Foreseeability, Personal Injury, Motor Vehicle Accident
Tort Law Damages Causation Foreseeability Personal Injury Motor Vehicle Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Burkinshaw

Plaintiff/respondent/cross Appellant

Baines

Defendant/appellant

Procedural Posture

Civil Appeal (damages, Personal Injury) / Appeal Judgment

Legal Issues

  1. 1 Whether the second injury was a foreseeable and causally related consequence of the first injury sustained in the motor vehicle accident
  2. 2 Whether the award of general damages was excessive
  3. 3 Whether the award for the contribution of stress to chronic fatigue syndrome was supported by the evidence

Ratio Decidendi

The appellate court held that the trial judge's findings that the second injury was a foreseeable consequence of the first, primarily due to the lack of sensation in the plaintiff's fingers resulting from the first injury, were supported by the evidence. The global award of general damages, including the component for aggravation of chronic fatigue syndrome by stress, was justified and not excessive.

Court Disposition

Appeal dismissed with costs; cross appeal allowed in part; judgment sum adjusted to $110,028 from date of trial; no order as to costs of cross appeal.

Orders

  • Appeal dismissed with costs.
  • Cross appeal allowed. Judgment of trial judge set aside except as to trial costs.