MULTIPLEX CONSTRUCTIONS PTY LTD v ANGELIDIS PEBMONA PTY LTD v ANGELIDIS [1988] NSWCA 98

MULTIPLEX CONSTRUCTIONS PTY LTD v ANGELIDIS PEBMONA PTY LTD v ANGELIDIS [1988] NSWCA 98

The trial judge's award was inadequate as it did not sufficiently compensate the plaintiff for future economic loss and future medical expenses, given the findings on the severity and impact of his injuries. The appellate court, being satisfied with the trial judge's findings and credit assessments, could properly reassess damages without need for a retrial, resulting in an increased award.

Parties
Defendant: Multiplex Constructions Pty Ltd; Defendant: Pebmona Pty Ltd; Plaintiff: Angelidis
Jurisdiction
Australia
Judgment Date
19 April 1988
Procedural Posture
Civil / Appeal and Cross Appeal of Damages Assessment
Outcome
Appeal and cross-appeal allowed; judgment below set aside; new judgment for plaintiff for $271,568.30 from 18 December 1986; no order as to costs of appeal; defendants to pay nine-tenths of plaintiff's costs of the cross-appeal.
Legal Topics
Personal Injury, Quantum of Damages, Industrial Accident, Assessment of Future Economic Loss, Interest on Damages
Torts Personal Injury Quantum of Damages Industrial Accident Assessment of Future Economic Loss Interest on Damages

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Parties

Multiplex Constructions Pty Ltd

Defendant

Pebmona Pty Ltd

Defendant

Angelidis

Plaintiff

Procedural Posture

Civil / Appeal and Cross Appeal of Damages Assessment

Legal Issues

  1. 1 Whether the assessment of damages for the plaintiff's injuries was inadequate
  2. 2 Whether the award of interest was correct
  3. 3 Whether future economic loss and medical expenses were properly assessed

Ratio Decidendi

The trial judge's award was inadequate as it did not sufficiently compensate the plaintiff for future economic loss and future medical expenses, given the findings on the severity and impact of his injuries. The appellate court, being satisfied with the trial judge's findings and credit assessments, could properly reassess damages without need for a retrial, resulting in an increased award.

Court Disposition

Appeal and cross-appeal allowed; judgment below set aside; new judgment for plaintiff for $271,568.30 from 18 December 1986; no order as to costs of appeal; defendants to pay nine-tenths of plaintiff's costs of the cross-appeal.

Orders

  • Appeal and cross-appeal allowed.
  • Judgment of District Court (other than as to costs) set aside and judgment for plaintiff in sum of $271,568.30 to date from 18 December 1986.