ERIC COLLETT v BCSC COLLIERIES PTY. LIMITED [1996] NSWCA 112
It was open to the trial judge on the evidence to reject claims for additional damages for nursing assistance and a travelling companion; the judge exercised judgment based on conflicting expert views and evidence, and no grounds were established for appellate interference.
- Parties
- Appellant: Eric Collett; Respondent: BCSC Collieries Pty. Limited
- Jurisdiction
- Australia
- Judgment Date
- 11 September 1996
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Assessment of Damages, Future Care, Travelling Companion, Nursing Assistance
Case Brief
Summary, issues, holding and outcome
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Parties
Eric Collett
Appellant
BCSC Collieries Pty. Limited
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred in failing to award damages for future nursing assistance between ages 70 and 78
- 2 Whether the trial judge erred in the assessment of damages for a travelling companion when the appellant goes on holiday
Ratio Decidendi
It was open to the trial judge on the evidence to reject claims for additional damages for nursing assistance and a travelling companion; the judge exercised judgment based on conflicting expert views and evidence, and no grounds were established for appellate interference.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed
- Appellant to pay respondent's costs of the appeal
Full Case Text
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