AUSTRALIAN TELECOMMUNICATIONS COMMISSION v LENNOX [1991] NSWCA 13

AUSTRALIAN TELECOMMUNICATIONS COMMISSION v LENNOX [1991] NSWCA 13

The Court of Appeal found the original award for pain and suffering and loss of amenities manifestly excessive given the degree of disability accepted on evidence and reduced it to $50,000, with other heads of damage largely left intact, resulting in a total award of $98,290.67.

Source-derived case information.

Parties
Appellant: Australian Telecommunications Commission; Respondent: Lennox
Jurisdiction
Australia
Judgment Date
16 August 1991
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed. Judgment for the plaintiff in the reduced amount.
Legal Topics
Damages, Assessment of Quantum, Hearing Loss, Employment Injury
Torts Personal Injury Damages Assessment of Quantum Hearing Loss Employment Injury

Source-derived case record

Summary, issues, holding and outcome

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Parties

Australian Telecommunications Commission

Appellant

Lennox

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the damages awarded for pain and suffering and loss of amenities were excessive
  2. 2 Whether the assessment of future economic loss failed to account for contingencies
  3. 3 Whether the interest awarded on non-economic loss should follow the new High Court authority

Ratio Decidendi

The Court of Appeal found the original award for pain and suffering and loss of amenities manifestly excessive given the degree of disability accepted on evidence and reduced it to $50,000, with other heads of damage largely left intact, resulting in a total award of $98,290.67.

Court Disposition

Appeal allowed. Judgment for the plaintiff in the reduced amount.

Orders

  • Judgment below save as to costs is set aside.
  • Judgment substituted for the plaintiff for $98,290.67 to date from 9 November 1989.