Redden v Forde [1999] FCA 729

Redden v Forde [1999] FCA 729

The Master was entitled to refuse to award damages for future osteopathy and massage expenses in the absence of specialist medical evidence, and damages for these items up to the date of trial were appropriately allowed. The arguments on the merits of the appeal did not warrant granting leave.

Jurisdiction
Australia
Judgment Date
21 May 1999
Procedural Posture
Appeal / Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed; applicant to pay respondent's costs.
Legal Topics
['damages' 'assessment of Evidence' 'appeal Procedure']
['personal Injury'] ['damages' 'assessment of Evidence' 'appeal Procedure']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Master erred in the assessment of general damages' 'Whether the Master erred in the assessment of future medical expenses' 'Whether the Master erred in refusing to allow future osteopathic and massage expenses']

Ratio Decidendi

The Master was entitled to refuse to award damages for future osteopathy and massage expenses in the absence of specialist medical evidence, and damages for these items up to the date of trial were appropriately allowed. The arguments on the merits of the appeal did not warrant granting leave.

Court Disposition

Application for leave to appeal dismissed; applicant to pay respondent's costs.

Orders

  • ['The application for leave to appeal be dismissed.' 'The applicant, Franca Redden, pay the costs of the respondent, John Charles Forde.']