CLUTHA DEVELOPMENTS PTY LTD v DOWD [1995] NSWCA 79

CLUTHA DEVELOPMENTS PTY LTD v DOWD [1995] NSWCA 79

The jury's award of $70,000 for deafness and tinnitus was out of all proportion to the damage suffered and was therefore appealably excessive. The appropriate award, assessed by the Court, is $40,000. Precise comparison of verdicts is not permitted in such cases, as established by authority, and relief is granted based on the unreasonable excessiveness of the sum awarded.

Parties
Appellant: Clutha Developments Pty Ltd; Respondent: Dowd
Jurisdiction
Australia
Judgment Date
05 October 1995
Procedural Posture
Appeal / Judgment of the New South Wales Court of Appeal
Outcome
Appeal allowed; jury's award set aside; judgment entered for $40,000; other remedial orders made; costs reserved.
Legal Topics
Damages, Personal Injury, Industrial Deafness, Jury Trials, Excessive Damages
Tort Law Damages Personal Injury Industrial Deafness Jury Trials Excessive Damages

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Parties

Clutha Developments Pty Ltd

Appellant

Dowd

Respondent

Procedural Posture

Appeal / Judgment of the New South Wales Court of Appeal

Legal Issues

  1. 1 Whether comparison of like verdicts is permissible in industrial deafness cases
  2. 2 Whether the jury's verdict awarding $70,000 for deafness and tinnitus was appealably excessive

Ratio Decidendi

The jury's award of $70,000 for deafness and tinnitus was out of all proportion to the damage suffered and was therefore appealably excessive. The appropriate award, assessed by the Court, is $40,000. Precise comparison of verdicts is not permitted in such cases, as established by authority, and relief is granted based on the unreasonable excessiveness of the sum awarded.

Court Disposition

Appeal allowed; jury's award set aside; judgment entered for $40,000; other remedial orders made; costs reserved.

Orders

  • Appeal allowed
  • Set aside the judgment of the District Court (PJ Phelan DCJ) following the jury's verdict