CONCRETE CONSTRUCTIONS PTY LTD v KOVACEVIC [1988] NSWCA 25
The jury misdirected itself by awarding damages precisely equal to the sum of past and future economic loss without assessment of other heads of damages or applying required discounts, creating a miscarriage of justice that warrants setting aside the verdict and ordering a new trial limited to damages.
- Parties
- Appellant: Concrete Constructions Pty Ltd; Respondent: Kovacevic
- Jurisdiction
- Australia
- Judgment Date
- 20 June 1988
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal allowed; judgment set aside, new trial ordered limited to damages
- Legal Topics
- Negligence, Breach of Statutory Duty, Assessment of Damages, Jury Direction, Miscarriage of Justice, New Trial
Case Brief
Summary, issues, holding and outcome
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Parties
Concrete Constructions Pty Ltd
Appellant
Kovacevic
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the jury misdirected itself in calculating damages
- 2 Whether a miscarriage of justice has occurred requiring a new trial
- 3 Whether the trial judge failed to properly direct the jury on the onus of proof regarding the injury
Ratio Decidendi
The jury misdirected itself by awarding damages precisely equal to the sum of past and future economic loss without assessment of other heads of damages or applying required discounts, creating a miscarriage of justice that warrants setting aside the verdict and ordering a new trial limited to damages.
Court Disposition
Appeal allowed; judgment set aside, new trial ordered limited to damages
Orders
- Judgment below set aside save for the order for costs
- Order new trial limited to damages
Full Case Text
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