FLETCHER v LAMOND [1992] NSWCA 69

FLETCHER v LAMOND [1992] NSWCA 69

Subject to the agreed adjustment to interest, the awards for general and special damages were within the trial judge’s discretion and not shown to be excessive or in error; only the interest component was amended on appeal.

Parties
Plaintiff: Fletcher; Defendant: Lamond
Jurisdiction
Australia
Judgment Date
31 March 1992
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Judgment below set aside and judgment for $334,868.65 substituted; otherwise appeal dismissed.
Legal Topics
Damages, Motor Vehicle Accident, Personal Injury, Assessment of Damages
Tort Law Damages Motor Vehicle Accident Personal Injury Assessment of Damages

Case Brief

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Parties

Fletcher

Plaintiff

Lamond

Defendant

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether damages awarded by the trial judge were excessive
  2. 2 Assessment of damages for pain and suffering, future economic loss, and interest

Ratio Decidendi

Subject to the agreed adjustment to interest, the awards for general and special damages were within the trial judge’s discretion and not shown to be excessive or in error; only the interest component was amended on appeal.

Court Disposition

Judgment below set aside and judgment for $334,868.65 substituted; otherwise appeal dismissed.

Orders

  • Judgment below set aside.
  • Judgment substituted in the sum of $334,868.65, effective from 14 March 1991.