COLE v PEARCE [1989] NSWCA 40

COLE v PEARCE [1989] NSWCA 40

There was ample justification for the finding of contributory negligence based on evidence, the apportionment of 25 percent was not manifestly wrong, and findings of no impairment of future earning capacity and the general damages awarded were reasonable.

Parties
Appellant: Cole; Respondent: Pearce
Jurisdiction
Australia
Judgment Date
14 August 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Contributory Negligence, Apportionment, Damages, Credibility of Witnesses, Loss of Earning Capacity
Negligence Contributory Negligence Apportionment Damages Credibility of Witnesses Loss of Earning Capacity

Case Brief

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Parties

Cole

Appellant

Pearce

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was guilty of contributory negligence
  2. 2 Whether the apportionment of negligence was correct
  3. 3 Whether the trial judge's findings on credibility should be disturbed

Ratio Decidendi

There was ample justification for the finding of contributory negligence based on evidence, the apportionment of 25 percent was not manifestly wrong, and findings of no impairment of future earning capacity and the general damages awarded were reasonable.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to respondent