Concrite Pty. Limited v. Rogerson [2003] NSWCA 306
The assessment of non-economic loss by the primary judge was vitiated by the taking into account, as a substantial factor, the statutory threshold necessary to entitle economic loss, which is an irrelevant consideration. A new trial on the question of damages is required.
- Parties
- Appellant: Concrite Pty. Limited; Respondent: Bruce Rogerson
- Jurisdiction
- Australia
- Judgment Date
- 09 October 2003
- Procedural Posture
- Appeal / Decision on Appeal
- Outcome
- appeal allowed
- Legal Topics
- Modified Common Law Action for Damages, Assessment of Non Economic Loss, Threshold for Award of Economic Loss, Irrelevant Considerations in Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Concrite Pty. Limited
Appellant
Bruce Rogerson
Respondent
Procedural Posture
Appeal / Decision on Appeal
Legal Issues
- 1 Whether the primary judge erred by taking into account irrelevant considerations in assessing non-economic loss
- 2 Whether the threshold for economic loss was impermissibly treated as determinative of non-economic loss
- 3 Whether the assessment of damages for non-economic loss was vitiated by error
Ratio Decidendi
The assessment of non-economic loss by the primary judge was vitiated by the taking into account, as a substantial factor, the statutory threshold necessary to entitle economic loss, which is an irrelevant consideration. A new trial on the question of damages is required.
Court Disposition
appeal allowed
Orders
- Appeal allowed.
- Orders of primary judge set aside.
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