CONCRETE CONSTRUCTIONS PTY LTD v KOVACEVIC [1988] NSWCA 24

CONCRETE CONSTRUCTIONS PTY LTD v KOVACEVIC [1988] NSWCA 24

A real possibility existed that the jury failed to assess the necessary heads of damage as directed, instead returning a verdict equal solely to the sum of past and future economic loss, amounting to a miscarriage of justice; hence, the verdict must be set aside and a new trial limited to damages ordered.

Parties
Appellant: Concrete Constructions Pty Ltd; Respondent: Kovacevic
Jurisdiction
Australia
Judgment Date
20 June 1988
Procedural Posture
Appeal / Judgment on Appeal From Jury Verdict
Outcome
Appeal allowed; judgment below set aside except for costs order; new trial ordered limited to damages; respondent to pay appellant's costs of appeal
Legal Topics
Negligence, Breach of Statutory Duty, Assessment of Damages, Miscarriage of Justice, Jury Misdirection
Tort Law Personal Injury Procedure Negligence Breach of Statutory Duty Assessment of Damages Miscarriage of Justice Jury Misdirection

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Parties

Concrete Constructions Pty Ltd

Appellant

Kovacevic

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Jury Verdict

Legal Issues

  1. 1 Whether the jury's assessment of damages disclosed a miscarriage of justice due to misdirection or error in calculation.
  2. 2 Whether the trial judge failed to properly direct the jury on the onus of proof regarding the injured foot.
  3. 3 Whether a new trial should be ordered on all issues or limited to damages.

Ratio Decidendi

A real possibility existed that the jury failed to assess the necessary heads of damage as directed, instead returning a verdict equal solely to the sum of past and future economic loss, amounting to a miscarriage of justice; hence, the verdict must be set aside and a new trial limited to damages ordered.

Court Disposition

Appeal allowed; judgment below set aside except for costs order; new trial ordered limited to damages; respondent to pay appellant's costs of appeal

Orders

  • Appeal allowed
  • Judgment below set aside save for the order for costs