Bartrim v Ceissmann [1999] NSWCA 379

Procedural Posture

Application for Leave to Appeal in Personal Injury Damages Proceedings / Court of Appeal Application for Leave to Appeal From a District Court Judgment

Legal Issues

1. 1 ['Whether leave to appeal should be granted from the District Court damages award.' 'Whether the awards for non-economic loss and economic loss were sufficiently inadequate to warrant appellate intervention.' 'Whether the trial judge was entitled to reduce the claimed amount for future medical expenses.' "Whether the trial judge was entitled to take into account the applicant's pre-existing physical, psychological and psychiatric problems, invalid pension application, low prior income and limited evidence of prospective income from mining, prospecting and gem cutting."]

Ratio Decidendi

Leave to appeal was refused because the trial judge's assessments of non-economic loss, economic loss and future medical expenses were open on the evidence, the case raised no point of principle, and the asserted inadequacy of damages was insufficient to justify appellate intervention, particularly given the applicant's pre-existing conditions, invalid pension application, low prior income and lack of significant evidence that proposed mining, prospecting and gem cutting would have been remunerative.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

• ['Application for leave dismissed.' 'The applicant is to pay the costs of the proceedings.']