RING v FOLKES [1993] NSWCA 235

RING v FOLKES [1993] NSWCA 235

The trial Judge's overstatement of the plaintiff's pain constituted an error of fact, warranting a re-assessment of the quantum of damages for non-economic loss. The Court allowed the appeal and reduced the award to 60 percent of the most extreme case.

Parties
Respondent: URJ Ring; Appellant: Folkes
Jurisdiction
Australia
Judgment Date
23 March 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Motor Vehicle Accident, Non Economic Loss, Quantum of Damages
Damages Motor Vehicle Accident Non Economic Loss Quantum of Damages

Case Brief

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Parties

URJ Ring

Respondent

Folkes

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial Judge erred in assessing damages for non-economic loss under s79 of the Motor Accidents Act
  2. 2 Whether the evidence supported the trial Judge's finding as to the nature and extent of the plaintiff's pain
  3. 3 Whether pre-existing disabilities were properly taken into account

Ratio Decidendi

The trial Judge's overstatement of the plaintiff's pain constituted an error of fact, warranting a re-assessment of the quantum of damages for non-economic loss. The Court allowed the appeal and reduced the award to 60 percent of the most extreme case.

Court Disposition

appeal allowed

Orders

  • Judgment in the Court below set aside, except as to costs.
  • Substitute judgment for the respondent in the sum of $180,249.00 on and from 4 July 1991.