RICKY WK LEE v RADICA AVRAMOVIC [1991] NSWCA 171

RICKY WK LEE v RADICA AVRAMOVIC [1991] NSWCA 171

The trial judge was entitled to make express findings based on the plaintiff's demeanour and to prefer the plaintiff's medical evidence, and correctly applied a 30% discount to damages to reflect the impact of a pre-existing medical condition.

Parties
Appellant/defendant: Ricky WK Lee; Respondent/plaintiff: Radica Avramovic
Jurisdiction
Australia
Judgment Date
16 April 1991
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment of Damages, Credibility of Witnesses, Future Economic Loss, Discount for Pre Existing Conditions
Torts Personal Injury Assessment of Damages Credibility of Witnesses Future Economic Loss Discount for Pre Existing Conditions

Case Brief

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Parties

Ricky WK Lee

Appellant/defendant

Radica Avramovic

Respondent/plaintiff

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge was entitled to make express findings based on the demeanour of the plaintiff.
  2. 2 Whether the trial judge properly discounted damages for future economic loss due to a pre-existing condition.

Ratio Decidendi

The trial judge was entitled to make express findings based on the plaintiff's demeanour and to prefer the plaintiff's medical evidence, and correctly applied a 30% discount to damages to reflect the impact of a pre-existing medical condition.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.