Chung v Anderson [2004] NSWCA 321

Chung v Anderson [2004] NSWCA 321

Appeal dismissed because appellant advanced no significant arguments at trial concerning vicissitudes, residual earning capacity, or causation, and cannot on appeal challenge findings unless exceptional circumstances are shown; the primary judge's assessment of earning capacity, deduction for vicissitudes, and causation were within the evidence, supported by accepted expert opinions, and proper reasoning was given; expert opinions admitted without objection and uncontradicted should generally be accepted.

Jurisdiction
Australia
Judgment Date
15 September 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['damages' 'causation' 'assessment of Earning Capacity' 'vicissitudes' 'expert Evidence' 'appellate Procedure']
['torts' 'personal Injury'] ['damages' 'causation' 'assessment of Earning Capacity' 'vicissitudes' 'expert Evidence' 'appellate Procedure']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the primary judge erred in assessing the respondent's residual earning capacity as 30%" 'Whether the deduction for vicissitudes should have been higher than 25%' "Whether the physical and psychological problems were caused by appellant's breach of duty" 'Whether proper reasons were given by the primary judge on causation' 'Whether expert evidence admitted without objection may be rejected']

Ratio Decidendi

Appeal dismissed because appellant advanced no significant arguments at trial concerning vicissitudes, residual earning capacity, or causation, and cannot on appeal challenge findings unless exceptional circumstances are shown; the primary judge's assessment of earning capacity, deduction for vicissitudes, and causation were within the evidence, supported by accepted expert opinions, and proper reasoning was given; expert opinions admitted without objection and uncontradicted should generally be accepted.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "Appellant to pay the respondent's costs of the appeal."]