PERRI v FLAVELL and ANOR [1995] NSWCA 365

PERRI v FLAVELL and ANOR [1995] NSWCA 365

The assessment of general damages must include separate consideration and itemisation for loss of economic capacity; failure to do so amounted to an error of principle. The sum of $60,000 was inadequate, given the appellant's injuries and economic disadvantage, warranting reassessment and substitution of a higher award.

Parties
Appellant: Carmine Perry; Respondent: John Flavell; Respondent: We Try Harder Pty Ltd
Jurisdiction
Australia
Judgment Date
04 May 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Assessment of Damages, Loss of Economic Capacity, Judicial Reasons
Tort Law Personal Injury Damages Assessment of Damages Loss of Economic Capacity Judicial Reasons

Case Brief

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Parties

Carmine Perry

Appellant

John Flavell

Respondent

We Try Harder Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in awarding an undifferentiated sum for general damages without itemising the component for loss of economic capacity.
  2. 2 Whether the sum awarded for general damages was appealably inadequate.
  3. 3 Whether the trial judge gave insufficient weight to evidence presented.

Ratio Decidendi

The assessment of general damages must include separate consideration and itemisation for loss of economic capacity; failure to do so amounted to an error of principle. The sum of $60,000 was inadequate, given the appellant's injuries and economic disadvantage, warranting reassessment and substitution of a higher award.

Court Disposition

Appeal allowed

Orders

  • Set aside the judgment of the District Court (Smyth, DCJ.) dated 12 November 1986
  • Judgment to be entered in favour of the appellant in the sum of $102,000, taking effect from 12 November 1986