GARDINER v WHEARE [1993] NSWCA 105

GARDINER v WHEARE [1993] NSWCA 105

No error in principle or finding of fact was demonstrated in relation to either the damages awarded for impairment of future earning capacity or the assessment of contributory negligence; the trial judge's determinations were within the appropriate range and should not be disturbed.

Parties
First Appellant: Ralph Gardiner; Second Appellant: Stanley Mervyn Flanagan; Respondent: Duane William Wheare
Jurisdiction
Australia
Judgment Date
10 November 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Negligence, Future Economic Loss, Contributory Negligence, Damages Assessment
Tort Law Personal Injury Negligence Future Economic Loss Contributory Negligence Damages Assessment

Case Brief

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Parties

Ralph Gardiner

First Appellant

Stanley Mervyn Flanagan

Second Appellant

Duane William Wheare

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the award for impairment of future earning capacity excessive?
  2. 2 Should the percentage reduction for contributory negligence have been greater than 10%?

Ratio Decidendi

No error in principle or finding of fact was demonstrated in relation to either the damages awarded for impairment of future earning capacity or the assessment of contributory negligence; the trial judge's determinations were within the appropriate range and should not be disturbed.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.