BORAL MONTORO PTY LTD v McMILLAN AND ANOR [1998] NSWCA 42

BORAL MONTORO PTY LTD v McMILLAN AND ANOR [1998] NSWCA 42

The trial judge's awards for general damages, past and future economic loss, and allowance for future surgery and physiotherapy were largely within reasonable bounds, but modest adjustments were required to reflect evidentiary support for surgery and physiotherapy costs; the apportionment methodology for board and...

Source-derived case information.

Parties
Appellant: Boral Montoro Pty Ltd; Respondent: McMillan
Jurisdiction
Australia
Judgment Date
04 March 1998
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Verdict adjusted only with respect to surgery and physiotherapy amounts; otherwise, appeal fails.
Legal Topics
General Damages, Past Economic Loss, Future Economic Loss, Cost of Future Surgery, Future Physiotherapy
Damages Personal Injury General Damages Past Economic Loss Future Economic Loss Cost of Future Surgery Future Physiotherapy

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Parties

Boral Montoro Pty Ltd

Appellant

McMillan

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Appropriateness of the award for general damages
  2. 2 Calculation of past and future economic loss
  3. 3 Allowance for cost of possible future surgery

Ratio Decidendi

The trial judge's awards for general damages, past and future economic loss, and allowance for future surgery and physiotherapy were largely within reasonable bounds, but modest adjustments were required to reflect evidentiary support for surgery and physiotherapy costs; the apportionment methodology for board and lodging was not erroneous.

Court Disposition

Verdict adjusted only with respect to surgery and physiotherapy amounts; otherwise, appeal fails.

Orders

  • Appellant to pay the respondent's costs of the appeal.