Coates v Carter [1951] HCA 30

Coates v Carter [1951] HCA 30

The sum of £310 awarded as general damages was so inadequate that it bore no reasonable proportion to the serious injuries sustained, thus entitling the appellant to a new trial.

Parties
Appellant, Plaintiff: Richard Coates; Respondent, Defendant: Ndward George Harcourt Carter
Jurisdiction
Australia
Judgment Date
14 June 1951
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales, New Trial Application
Outcome
Appeal allowed
Legal Topics
Damages for Personal Injury, Assessment of Damages, Jury Verdicts, Appellate Review
Tort Law Damages for Personal Injury Assessment of Damages Jury Verdicts Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Richard Coates

Appellant, Plaintiff

Ndward George Harcourt Carter

Respondent, Defendant

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales, New Trial Application

Legal Issues

  1. 1 Whether the sum awarded as general damages was so inadequate as to warrant a new trial
  2. 2 Whether the jury failed to properly consider the seriousness and permanence of the injuries

Ratio Decidendi

The sum of £310 awarded as general damages was so inadequate that it bore no reasonable proportion to the serious injuries sustained, thus entitling the appellant to a new trial.

Court Disposition

Appeal allowed

Orders

  • Order of Supreme Court discharged
  • New trial of the action ordered