KINGSFORD v KAVANAGH [1994] NSWCA 165

KINGSFORD v KAVANAGH [1994] NSWCA 165

It was open to the trial judge, on the evidence, to conclude that the loss of wages during the disputed period was not a consequence of the accident and to fix damages as he did; no error in discretion was demonstrated.

Source-derived case information.

Parties
Appellant: Dennis John Kingsford; Respondent: Peter Lloyd Kavanagh
Jurisdiction
Australia
Judgment Date
21 November 1994
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Motor Vehicle Accident, Economic Loss, General Damages, Assessment of Damages
Tort Damages Motor Vehicle Accident Economic Loss General Damages Assessment of Damages

Source-derived case record

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 1 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Dennis John Kingsford

Appellant

Peter Lloyd Kavanagh

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in not awarding damages for loss of wages for the period 21 August 1982 to 8 March 1983
  2. 2 Whether the amount awarded for past and general damages for pain and suffering was inadequate
  3. 3 Whether the award for future economic loss was appropriate

Ratio Decidendi

It was open to the trial judge, on the evidence, to conclude that the loss of wages during the disputed period was not a consequence of the accident and to fix damages as he did; no error in discretion was demonstrated.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.