Chirray v Christoforidis [1966] NSWCA 1

Chirray v Christoforidis [1966] NSWCA 1

The damages awarded (£7,000 general damages plus £324.5.0 out-of-pocket expenses) were found to be out of proportion and obviously excessive. The Court exercised its jurisdiction under s160A, with both parties' consent, to assess a fair amount of £4,324.5.0 in damages.

Parties
Appellant: Chirray; Respondent: Christoforidis
Jurisdiction
Australia
Judgment Date
08 February 1966
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Personal Injury, Damages, Appeal of Damages, Assessment of Damages
Torts Personal Injury Damages Appeal of Damages Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Chirray

Appellant

Christoforidis

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the damages awarded by the jury were excessive
  2. 2 Appropriate quantum of damages for personal injuries

Ratio Decidendi

The damages awarded (£7,000 general damages plus £324.5.0 out-of-pocket expenses) were found to be out of proportion and obviously excessive. The Court exercised its jurisdiction under s160A, with both parties' consent, to assess a fair amount of £4,324.5.0 in damages.

Court Disposition

appeal allowed

Orders

  • Appeal upheld with costs
  • Verdict set aside