EGGLETON v BENNETT [1991] NSWCA 89

EGGLETON v BENNETT [1991] NSWCA 89

The original award of general damages was an erroneous estimate given the evidence of the appellant's pain, treatment, and ongoing embarrassment from facial scarring; it should be increased to $12,000, maintaining other heads of damage and interest as adjusted.

Parties
Appellant: Eggleton; Respondent: Bennett
Jurisdiction
Australia
Judgment Date
16 August 1991
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Personal Injury, Assessment of Damages, Scarring, General Damages
Tort Law Personal Injury Assessment of Damages Scarring General Damages

Case Brief

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Parties

Eggleton

Appellant

Bennett

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge's award of damages for personal injury was inadequate
  2. 2 Appropriateness of allowances for future dental treatment and general damages for scarring and embarrassment

Ratio Decidendi

The original award of general damages was an erroneous estimate given the evidence of the appellant's pain, treatment, and ongoing embarrassment from facial scarring; it should be increased to $12,000, maintaining other heads of damage and interest as adjusted.

Court Disposition

Appeal allowed

Orders

  • Judgment below set aside except as to costs
  • Judgment entered for the appellant in the sum of $22,224.90 dated from 15 June 1990