AYERS v JULIE ANNE STEWART [1995] NSWCA 35

AYERS v JULIE ANNE STEWART [1995] NSWCA 35

The trial judge's assessment of non-economic loss at fifteen percent was a wholly erroneous assessment in light of the plaintiff's significant injuries and their consequences on her life; the appropriate proportion was twenty-five percent of a most extreme case.

Parties
Appellant: Ayers; Respondent: Stewart
Jurisdiction
Australia
Judgment Date
07 March 1995
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Motor Accidents, Non Economic Loss, Assessment of Damages, Appellate Intervention
Tort Law Motor Accidents Non Economic Loss Assessment of Damages Appellate Intervention

Case Brief

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Parties

Ayers

Appellant

Stewart

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the trial judge's assessment of non-economic loss at 15% of a most extreme case was a wholly erroneous assessment under s79(2) of the Motor Accidents Act

Ratio Decidendi

The trial judge's assessment of non-economic loss at fifteen percent was a wholly erroneous assessment in light of the plaintiff's significant injuries and their consequences on her life; the appropriate proportion was twenty-five percent of a most extreme case.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Set aside the judgment of the trial judge except as to liability.