Adam Troy v Aldo Salucci [2002] NSWCA 43

Adam Troy v Aldo Salucci [2002] NSWCA 43

Leave to appeal was refused because the District Court judge assessed the relevant evidence, the finding was open on the evidence, the discretionary assessment did not appear to have miscarried, and no issue of legal principle arose under s 79A of the Motor Accidents Act 1988 (NSW).

Jurisdiction
Australia
Judgment Date
21 February 2002
Procedural Posture
Motor Accident; Application for Extension of Time and Leave to Appeal / Application for Leave to Appeal From District Court Judgment
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
['extension of Time' 'leave to Appeal' 'quantum of Damages' 'non Economic Loss' 'section 79 a Motor Accidents Act 1988 (nsw)']
['motor Accidents' 'civil Procedure' 'damages'] ['extension of Time' 'leave to Appeal' 'quantum of Damages' 'non Economic Loss' 'section 79 a Motor Accidents Act 1988 (nsw)']

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Procedural Posture

Motor Accident; Application for Extension of Time and Leave to Appeal / Application for Leave to Appeal From District Court Judgment

Legal Issues

  1. 1 ['Whether time should be extended for filing an ordinary summons for leave to appeal.' 'Whether leave to appeal should be granted from the District Court assessment of non-economic loss of $93,500.' 'Whether the assessment of non-economic loss was excessive, outside the range for the injuries, or outside s 79A of the Motor Accidents Act 1988 (NSW).']

Ratio Decidendi

Leave to appeal was refused because the District Court judge assessed the relevant evidence, the finding was open on the evidence, the discretionary assessment did not appear to have miscarried, and no issue of legal principle arose under s 79A of the Motor Accidents Act 1988 (NSW).

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • ['The summons for leave to appeal is refused.' 'The summons for leave to appeal is dismissed with costs.']