CURRY v HARRIS [1995] NSWCA 111

CURRY v HARRIS [1995] NSWCA 111

The Court concluded that the trial judge erred by under-assessing the compensation for future care needs, failing to give proper weight to the evidence of the appellant's requirements due to permanent intellectual and cognitive impairment. The allowance for future care should be increased to $200 per week, capitalised appropriately, with other aspects of the judgment remaining undisturbed.

Parties
Appellant: Curry; Respondent: Harris
Jurisdiction
Australia
Judgment Date
08 September 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed, judgment varied as to damages for future care.
Legal Topics
Assessment of Damages, Future Care, Past Care, Brain Injury, Quantification of Damages
Damages Personal Injury Assessment of Damages Future Care Past Care Brain Injury Quantification of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Curry

Appellant

Harris

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for past and future care for the appellant's permanent intellectual and cognitive impairments.
  2. 2 Whether the allowance for future care was inadequate given the appellant's needs resulting from the accident.

Ratio Decidendi

The Court concluded that the trial judge erred by under-assessing the compensation for future care needs, failing to give proper weight to the evidence of the appellant's requirements due to permanent intellectual and cognitive impairment. The allowance for future care should be increased to $200 per week, capitalised appropriately, with other aspects of the judgment remaining undisturbed.

Court Disposition

Appeal allowed, judgment varied as to damages for future care.

Orders

  • Appeal upheld.
  • Judgment below set aside except as to costs.