DAVIDS HOLDINGS PTY LTD v HUNTINGTON [1988] NSWCA 34

DAVIDS HOLDINGS PTY LTD v HUNTINGTON [1988] NSWCA 34

The jury was entitled to adopt a figure for economic loss within a wide range and, on the evidence, a finding of $126,000 for future economic loss was not so excessive as to warrant interference. The appeal must be dismissed as no error of the requisite kind was demonstrated.

Source-derived case information.

Parties
Appellant: Davids Holdings Pty Ltd; Respondent: Huntington
Jurisdiction
Australia
Judgment Date
04 August 1988
Procedural Posture
Personal Injuries Appeal / Appeal Against Quantum of Damages
Outcome
appeal dismissed with costs
Legal Topics
Damages, Quantum, Jury Verdict
Personal Injuries Damages Quantum Jury Verdict

Source-derived case record

Summary, issues, holding and outcome

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Parties

Davids Holdings Pty Ltd

Appellant

Huntington

Respondent

Procedural Posture

Personal Injuries Appeal / Appeal Against Quantum of Damages

Legal Issues

  1. 1 Whether the jury's award of damages was excessive such that no reasonable jury properly instructed could have made such an award.

Ratio Decidendi

The jury was entitled to adopt a figure for economic loss within a wide range and, on the evidence, a finding of $126,000 for future economic loss was not so excessive as to warrant interference. The appeal must be dismissed as no error of the requisite kind was demonstrated.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs