COMMISSIONER FOR MAIN ROADS v FRANKS [1997] NSWCA 74

COMMISSIONER FOR MAIN ROADS v FRANKS [1997] NSWCA 74

All grounds of appeal failed because the admission of evidence was justified, the damages awarded were within the permissible range, and the trial judge's summing up—including directions about cross-examination and economic loss—was not defective.

Parties
Appellant: Commissioner for Main Roads; Respondent: Franks
Jurisdiction
Australia
Judgment Date
14 March 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Admissibility of Evidence, Assessment of Damages, Lead Intoxication, Summing Up to Jury, Cross Examination, Future Economic Loss
Tort Personal Injury Admissibility of Evidence Assessment of Damages Lead Intoxication Summing Up to Jury Cross Examination Future Economic Loss

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Parties

Commissioner for Main Roads

Appellant

Franks

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the admission of evidence regarding ongoing medical treatment was proper
  2. 2 Whether evidence from Dr Robertson and Miss Batchelor on the causal link between brain damage and lead intoxication was admissible
  3. 3 Whether the sum awarded for damages was excessive

Ratio Decidendi

All grounds of appeal failed because the admission of evidence was justified, the damages awarded were within the permissible range, and the trial judge's summing up—including directions about cross-examination and economic loss—was not defective.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs