BERTRAM & SON PTY LTD v FOSTER; GRACE v FOSTER; FULLER FLANDERS PTY LTD v FOSTER [1995] NSWCA 45

BERTRAM & SON PTY LTD v FOSTER; GRACE v FOSTER; FULLER FLANDERS PTY LTD v FOSTER [1995] NSWCA 45

Errors were demonstrated in the trial judge's accepted components for general damages, past economic loss, future economic loss, and future domestic assistance; given supported evidence of serious pre-existing back injury and other contingencies, the correct recalculation amounts to $445,775, and a substitute judgment should be entered accordingly.

Parties
Appellant: Bertram & Son Pty Ltd; Appellant: Grace; Appellant: Fuller Flanders Pty Ltd; Respondent: Foster
Jurisdiction
Australia
Judgment Date
26 September 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed; damages awarded recalculated
Legal Topics
Damages, Assessment of Damages, Personal Injury Damages, Appeals, Contributory Negligence
Tort Law Personal Injury Damages Assessment of Damages Personal Injury Damages Appeals Contributory Negligence

Case Brief

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Parties

Bertram & Son Pty Ltd

Appellant

Grace

Appellant

Fuller Flanders Pty Ltd

Appellant

Foster

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in quantifying general damages, past economic loss, future economic loss and future domestic assistance for personal injury.
  2. 2 Whether the recalculation of damages is warranted given the evidence of injury and pre-existing conditions.

Ratio Decidendi

Errors were demonstrated in the trial judge's accepted components for general damages, past economic loss, future economic loss, and future domestic assistance; given supported evidence of serious pre-existing back injury and other contingencies, the correct recalculation amounts to $445,775, and a substitute judgment should be entered accordingly.

Court Disposition

appeal allowed; damages awarded recalculated

Orders

  • Appeal allowed.
  • Judgment of Finlay J in the Common Law Division of the Supreme Court of NSW set aside.