CAMELO CATENA v GEORGE EDWARD CORNISH [1993] NSWCA 51

CAMELO CATENA v GEORGE EDWARD CORNISH [1993] NSWCA 51

The court held that the onus was on the appellant to prove failure by the respondent to mitigate damages concerning future economic loss, and the trial judge's findings that the respondent's prospects of future employment were negligible were justified by the evidence. There was no error in the assessment or allocation of the onus of proof. Appeal dismissed with costs.

Parties
Appellant: Camelo Catena; Respondent: George Edward Cornish
Jurisdiction
Australia
Judgment Date
01 November 1993
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Damages for Economic Loss, Future Earning Capacity, Mitigation of Loss, Onus of Proof
Tort Law Personal Injury Employment Law Damages for Economic Loss Future Earning Capacity Mitigation of Loss Onus of Proof

Case Brief

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Parties

Camelo Catena

Appellant

George Edward Cornish

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for future economic loss by misallocating the onus of proof regarding mitigation and future employment prospects
  2. 2 Whether the respondent had discharged his onus of proving loss of earning capacity

Ratio Decidendi

The court held that the onus was on the appellant to prove failure by the respondent to mitigate damages concerning future economic loss, and the trial judge's findings that the respondent's prospects of future employment were negligible were justified by the evidence. There was no error in the assessment or allocation of the onus of proof. Appeal dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs