Bymore Pty Limited (trading as Hogsbreath Cafe) v Bardino [1999] NSWCA 240

Bymore Pty Limited (trading as Hogsbreath Cafe) v Bardino [1999] NSWCA 240

The trial judge's findings on credibility were not manifestly unreasonable; the amounts awarded for general damages, economic loss, and care were within permissible bounds; and the refusal of an adjournment was not erroneous given lack of proper evidence and acknowledgment of prejudice.

Jurisdiction
Australia
Judgment Date
02 July 1999
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
['quantum' 'credibility' 'adjournment']
['negligence' 'damages'] ['quantum' 'credibility' 'adjournment']

Case Brief

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Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether the District Court judge's findings on credibility could be reversed" 'Whether the amount of general damages awarded was excessive' 'Whether the amounts for past and future economic loss and care were excessive' 'Whether the refusal to grant an adjournment was erroneous']

Ratio Decidendi

The trial judge's findings on credibility were not manifestly unreasonable; the amounts awarded for general damages, economic loss, and care were within permissible bounds; and the refusal of an adjournment was not erroneous given lack of proper evidence and acknowledgment of prejudice.

Court Disposition

appeal dismissed

Orders

  • ['appeal dismissed with costs']