DARR v PAPALKAR [1992] NSWCA 53

DARR v PAPALKAR [1992] NSWCA 53

The evidence relied on by the trial judge was sufficient to justify the figure assessed for economic loss, but the award of interest at 7.5% on past general damages was inconsistent with prevailing authority and should be adjusted to 2%.

Parties
Respondent/plaintiff: URJ Darr; Appellant/defendant: P Papalkar
Jurisdiction
Australia
Judgment Date
10 April 1992
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal allowed in part
Legal Topics
Damages, Motor Vehicle Accident, Interest on Damages, Economic Loss
Torts Personal Injury Damages Motor Vehicle Accident Interest on Damages Economic Loss

Case Brief

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Parties

URJ Darr

Respondent/plaintiff

P Papalkar

Appellant/defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the damages awarded for past and future economic loss were excessive
  2. 2 Whether the interest rate applied to past general damages was appropriate

Ratio Decidendi

The evidence relied on by the trial judge was sufficient to justify the figure assessed for economic loss, but the award of interest at 7.5% on past general damages was inconsistent with prevailing authority and should be adjusted to 2%.

Court Disposition

Appeal allowed in part

Orders

  • Appeal allowed.
  • Judgment set aside; in place of it, judgment for $117,600 as from 6 December 1990.