McKenzie v Wood [2015] NSWCA 142

No appellable error was shown in the primary judge's inclusion of the hip replacement cost, assessment of non-economic loss, or allowance for vicissitudes. However, appeal allowed in respect of grounds 6 and 7, with agreed consequence being a reduction of damages by $21,039 due to appellate decisions in Thiering v Daly and Gray v Richards.

Jurisdiction: Australia
Judgment Date: 18 May 2015
Procedural Posture: Appeal / Judgment on Appeal
Outcome: Appeal allowed in respect of grounds 6 and 7, otherwise dismissed
Legal Topics: ['damages' 'assessment of Damages' 'personal Injury' 'vicissitudes' 'non Economic Loss']

['tort Law' 'personal Injury'] ['damages' 'assessment of Damages' 'personal Injury' 'vicissitudes' 'non Economic Loss']

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Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

1 ['Whether inclusion of cost of hip replacement in damages was appropriate' 'Assessment of non-economic loss' 'Allowance of 15% for vicissitudes']

Ratio Decidendi

Court Disposition

Appeal allowed in respect of grounds 6 and 7, otherwise dismissed

Orders

['Appeal allowed in respect of grounds 6 and 7, otherwise dismissed' 'Costs to be dealt with upon submissions being made' 'Direct parties to prepare draft minutes of order reflecting reasons; respondent to serve submissions within 21 days, appellants to respond within 7 days thereafter; if not resolved by agreement,...