Spasic v T R Savage & Son Pty Ltd [2005] NSWCA 53

Spasic v T R Savage & Son Pty Ltd [2005] NSWCA 53

The trial judge’s findings that the statutory thresholds for awards of non-economic and economic loss were not met were open to him based on the evidence; there was no error in failing to award damages under those heads as the appellant did not satisfy the requirements of the Workers Compensation Act 1987.

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['statutory Thresholds' 'non Economic Loss' 'economic Loss']
['damages' 'workers Compensation'] ['statutory Thresholds' 'non Economic Loss' 'economic Loss']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the appellant met statutory thresholds for awards of non-economic and economic loss under the Workers Compensation Act 1987' 'Whether the trial judge erred in assessing damages including all foreseeable consequences of the injury']

Ratio Decidendi

The trial judge’s findings that the statutory thresholds for awards of non-economic and economic loss were not met were open to him based on the evidence; there was no error in failing to award damages under those heads as the appellant did not satisfy the requirements of the Workers Compensation Act 1987.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']