COMMONWEALTH v GORDON [1995] NSWCA 89

COMMONWEALTH v GORDON [1995] NSWCA 89

The correct measure of damages for the negligent destruction of a unique stud animal includes market value and loss of future income (such as semen sales and herd value), but sums already included in market value must not be double-counted. The trial judge erred by double-counting 600 straws of semen and miscalculating collection costs, requiring a reduction in the damages awarded.

Parties
Appellant: Commonwealth; Respondent: Gordon
Jurisdiction
Australia
Judgment Date
11 August 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part; compensation reduced.
Legal Topics
Negligence, Assessment of Damages, Valuation of Livestock, Economic Loss
Torts Negligence Assessment of Damages Valuation of Livestock Economic Loss

Case Brief

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Parties

Commonwealth

Appellant

Gordon

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assessment of damages for the negligent killing of a stud bull included double-counting and whether the method of calculation was supported by proper evidence.

Ratio Decidendi

The correct measure of damages for the negligent destruction of a unique stud animal includes market value and loss of future income (such as semen sales and herd value), but sums already included in market value must not be double-counted. The trial judge erred by double-counting 600 straws of semen and miscalculating collection costs, requiring a reduction in the damages awarded.

Court Disposition

Appeal allowed in part; compensation reduced.

Orders

  • Appeal allowed in part.
  • Judgment for the plaintiff is varied to $277,512.