Rusu v Woolworths Ltd [2002] NSWCA 72

Rusu v Woolworths Ltd [2002] NSWCA 72

The trial judge was entitled to take a global approach to damages as the appellant failed to demonstrate that the assessment of damages was inadequate or that any error occurred; the modest allowance for diminished earning capacity and non-economic loss reflected the minor ongoing consequences found.

Jurisdiction
Australia
Judgment Date
11 March 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['damages' 'assessment of Economic Loss']
['negligence'] ['damages' 'assessment of Economic Loss']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the global award of economic loss as part of general damages was inadequate' 'Whether the trial judge erred in not awarding separate amounts for economic and non-economic loss' 'Whether the assessment of economic and non-economic loss was too low' 'Whether the reduction for future expenses was appropriate']

Ratio Decidendi

The trial judge was entitled to take a global approach to damages as the appellant failed to demonstrate that the assessment of damages was inadequate or that any error occurred; the modest allowance for diminished earning capacity and non-economic loss reflected the minor ongoing consequences found.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal is dismissed with costs.']