Australia Postal Commission v Griffiths, W. [1987] FCA 723

Australia Postal Commission v Griffiths, W. [1987] FCA 723

The Court held that while the award was high, no error had been demonstrated in the trial judge's assessment of damages for the plaintiff's injuries, loss of earning capacity, and general damages. The approach to contingencies was within the trial judge's discretion and the total damages awarded did not warrant appellate interference.

Parties
Appellant: Australian Postal Commission; Respondent: Warren William Gordon Griffiths
Jurisdiction
Australia
Judgment Date
15 December 1987
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Damages, Assessment of Damages, Loss of Earning Capacity, General Damages
Personal Injury Law Damages Assessment of Damages Loss of Earning Capacity General Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Postal Commission

Appellant

Warren William Gordon Griffiths

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award of damages for personal injury including loss of earning capacity and general damages was excessive
  2. 2 Appropriateness of assessing and discounting damages for contingencies and future earning capacity

Ratio Decidendi

The Court held that while the award was high, no error had been demonstrated in the trial judge's assessment of damages for the plaintiff's injuries, loss of earning capacity, and general damages. The approach to contingencies was within the trial judge's discretion and the total damages awarded did not warrant appellate interference.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.