Briscoe-Hough v A.V.S Australian Venue Security Services Pty Ltd [2005] NSWCA 51

Briscoe-Hough v A.V.S Australian Venue Security Services Pty Ltd [2005] NSWCA 51

There was no reasonable apprehension of bias warranting disqualification of the trial judge; original damages for future economic loss were inadequate due to underestimation of the probability and impact of future degeneration and should be increased; and interest on past economic loss should be added as agreed.

Jurisdiction
Australia
Judgment Date
11 March 2005
Procedural Posture
Appeal / Judgment on Application for Leave to Appeal and Cross Appeal; Appeal on Quantum of Damages and Apprehended Bias
Outcome
Appeal allowed in part; leave to appeal granted; leave to cross appeal refused.
Legal Topics
['judicial Disqualification for Bias' 'personal Injury Damages' 'civil Procedure—appeal' 'non Economic and Economic Loss Under Civil Liability Act']
['civil Law' 'torts' 'judicial Procedure'] ['judicial Disqualification for Bias' 'personal Injury Damages' 'civil Procedure—appeal' 'non Economic and Economic Loss Under Civil Liability Act']

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Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Cross Appeal; Appeal on Quantum of Damages and Apprehended Bias

Legal Issues

  1. 1 ['Whether trial judge ought to have disqualified herself for apprehended bias' 'Whether damages for non-economic and economic loss were properly assessed' 'Whether interest on past economic loss was properly awarded']

Ratio Decidendi

There was no reasonable apprehension of bias warranting disqualification of the trial judge; original damages for future economic loss were inadequate due to underestimation of the probability and impact of future degeneration and should be increased; and interest on past economic loss should be added as agreed.

Court Disposition

Appeal allowed in part; leave to appeal granted; leave to cross appeal refused.

Orders

  • ['Substitute judgment for $5,522.90 with a judgment for $20,995.45.' 'Otherwise, appeal dismissed.' 'Order the opponent/respondent/defendant to pay costs of the claimant/appellant/plaintiff for the applications for leave to appeal and to cross-appeal, and of the appeal.' "If otherwise qualified, the respondent is to...