Cowra Shire Council v Trudgett [2004] NSWCA 9

Cowra Shire Council v Trudgett [2004] NSWCA 9

The trial judge's assessments of general damages and future economic loss, though necessarily speculative given the respondent's youth and lack of employment history, were not so manifestly excessive as to demonstrate an error in exercise of discretion; no contributory negligence could be found as there was insufficient indication to the respondent of the road's imminent danger.

Parties
Appellant: Cowra Shire Council; Respondent: Marjorie Trudgett
Jurisdiction
Australia
Judgment Date
17 February 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Future Economic Loss, General Damages, Contributory Negligence, Motor Vehicle Accident
Personal Injury Future Economic Loss General Damages Contributory Negligence Motor Vehicle Accident

Case Brief

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Parties

Cowra Shire Council

Appellant

Marjorie Trudgett

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the trial judge's assessment of general damages excessive?
  2. 2 Was the trial judge's assessment of future economic loss excessive?
  3. 3 Should contributory negligence have been found?

Ratio Decidendi

The trial judge's assessments of general damages and future economic loss, though necessarily speculative given the respondent's youth and lack of employment history, were not so manifestly excessive as to demonstrate an error in exercise of discretion; no contributory negligence could be found as there was insufficient indication to the respondent of the road's imminent danger.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs