A T McKIMM PTY LTD v MILLER [1988] NSWCA 3

A T McKIMM PTY LTD v MILLER [1988] NSWCA 3

The trial judge made no error in awarding damages for loss of earning capacity and general damages, as the findings were supported by the evidence and the calculations were within a reasonable discretionary range, even if at a higher level than the appeal judges might have allowed themselves. The respondent's employment prospects, age, lack of clerical skills, and the nature of the local economy justified the conclusion that he was virtually unemployable and entitled to significant damages.

Parties
Appellant: A T McKimm Pty Ltd; Respondent: Miller
Jurisdiction
Australia
Judgment Date
23 June 1988
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Assessment of Damages for Loss of Earning Capacity, General Damages, Future Economic Loss, Personal Injury at Work, Appellate Review of Damages Awards
Damages Personal Injury Employment Law Assessment of Damages for Loss of Earning Capacity General Damages Future Economic Loss Personal Injury at Work Appellate Review of Damages Awards

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Parties

A T McKimm Pty Ltd

Appellant

Miller

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in assessing damages for loss of earning capacity and general damages for the respondent's work injuries

Ratio Decidendi

The trial judge made no error in awarding damages for loss of earning capacity and general damages, as the findings were supported by the evidence and the calculations were within a reasonable discretionary range, even if at a higher level than the appeal judges might have allowed themselves. The respondent's employment prospects, age, lack of clerical skills, and the nature of the local economy justified the conclusion that he was virtually unemployable and entitled to significant damages.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed
  • appellant to pay the respondent's costs