GIUSTI v TAYLOR [1998] NSWCA 99

GIUSTI v TAYLOR [1998] NSWCA 99

It was open to the trial judge to find that no economic loss was suffered by the appellant; the damages awarded for the identified period of negligence (March to August 1994) were within a proper discretionary range; no exceptional circumstances justified a departure from the usual costs order after the offer of compromise.

Parties
Appellant: Deborah Giusti; Respondent: Andrew Taylor
Jurisdiction
Australia
Judgment Date
02 October 1998
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed in part (to add interest only); otherwise dismissed
Legal Topics
Damages, Economic Loss, Costs, Offer of Compromise
Negligence Personal Injury Damages Economic Loss Costs Offer of Compromise

Case Brief

Summary, issues, holding and outcome

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Parties

Deborah Giusti

Appellant

Andrew Taylor

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the trial judge erred in not awarding economic loss to the appellant
  2. 2 Whether the award of damages for pain and suffering was manifestly inadequate
  3. 3 Whether the trial judge erred in limiting the period of negligence

Ratio Decidendi

It was open to the trial judge to find that no economic loss was suffered by the appellant; the damages awarded for the identified period of negligence (March to August 1994) were within a proper discretionary range; no exceptional circumstances justified a departure from the usual costs order after the offer of compromise.

Court Disposition

Appeal allowed in part (to add interest only); otherwise dismissed

Orders

  • Set aside judgment and verdict for the plaintiff in the sum of $10,380 and substitute a judgment and verdict for $11,034
  • Otherwise confirm the orders made by Judge Shadbolt