BOUGHTON v QUINN [1991] NSWCA 27

BOUGHTON v QUINN [1991] NSWCA 27

The award of $60,000 for non-economic loss was high but did not meet the threshold for appellate intervention, as the trial judge's assessment was not shown to be wholly erroneous in light of the injuries and their consequences.

Parties
Appellant: Boughton; Respondent: Quinn
Jurisdiction
Australia
Judgment Date
12 August 1991
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Motor Vehicle Accidents, Appellate Intervention, Non Economic Loss
Damages Personal Injury Quantum of Damages Motor Vehicle Accidents Appellate Intervention Non Economic Loss

Case Brief

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Parties

Boughton

Appellant

Quinn

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in assessing non-economic loss under s79 of the Motor Accidents Act 1988
  2. 2 Whether the trial judge failed to consider medical evidence of pre-existing spinal deformity
  3. 3 Whether the damages award of $60,000 was excessive

Ratio Decidendi

The award of $60,000 for non-economic loss was high but did not meet the threshold for appellate intervention, as the trial judge's assessment was not shown to be wholly erroneous in light of the injuries and their consequences.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs