GREEN V. BRUYN

GREEN V. BRUYN

Although the mode of computation and estimation adopted by the trial judge was open to criticism, the sum awarded was not excessive given the evidence of loss of earnings, permanent impairment, pain and suffering, and other relevant factors.

Parties
Defendant Respondent: Green; Plaintiff Respondent: Bruyn; Executor Substituted as Appellant: George Thomas Green; Executrix Substituted as Appellant: Minnie Stella Green
Jurisdiction
Australia
Judgment Date
09 May 1958
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Assessment of Damages, Negligence
Personal Injury Torts Assessment of Damages Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Green

Defendant Respondent

Bruyn

Plaintiff Respondent

George Thomas Green

Executor Substituted as Appellant

Minnie Stella Green

Executrix Substituted as Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the damages awarded in the trial court for personal injuries were excessive or based on an erroneous mode of computation and estimation

Ratio Decidendi

Although the mode of computation and estimation adopted by the trial judge was open to criticism, the sum awarded was not excessive given the evidence of loss of earnings, permanent impairment, pain and suffering, and other relevant factors.

Court Disposition

appeal dismissed with costs

Orders

  • George Thomas Green and Minnie Stella Green are substituted as appellants and the appeal is treated as carried on by them.
  • Appeal dismissed with costs.