BOSEVSKI v BAGHDAI [1996] NSWCA 56

BOSEVSKI v BAGHDAI [1996] NSWCA 56

No error was identified in the trial judge's assessment of non-economic loss or refusal to award damages for future economic loss, as medical evidence supported the finding and no evidence of productive economic loss was led by the plaintiff.

Parties
Appellant: Bosevski; Respondent: Baghdai
Jurisdiction
Australia
Judgment Date
13 May 1996
Procedural Posture
Plaintiff's Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Assessment of Impairment, Future Economic Loss, Loss of Capacity Productive of Economic Loss
Motor Vehicle Accidents Assessment of Impairment Future Economic Loss Loss of Capacity Productive of Economic Loss

Case Brief

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Parties

Bosevski

Appellant

Baghdai

Respondent

Procedural Posture

Plaintiff's Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the assessment of 16% impairment for non-economic loss was appealably inadequate
  2. 2 Whether an award should have been made for future economic loss

Ratio Decidendi

No error was identified in the trial judge's assessment of non-economic loss or refusal to award damages for future economic loss, as medical evidence supported the finding and no evidence of productive economic loss was led by the plaintiff.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs