GENNUSA v CLEAVELY [1991] NSWCA 98

GENNUSA v CLEAVELY [1991] NSWCA 98

The appeal was upheld only on the 'Gogic point'—the interest awarded on past general damages was incorrectly set at commercial rates (16%), instead of the arbitrary 4% fixed by precedent; otherwise, the trial judge’s assessment, including general damages and future economic loss, was within the permissible range and...

Source-derived case information.

Parties
Plaintiff: Gennusa; Defendant: Cleavely
Jurisdiction
Australia
Judgment Date
26 June 1991
Procedural Posture
Appeal / Court of Appeal
Outcome
Appeal upheld in part; cross-appeal dismissed; judgment for plaintiff with adjusted damages.
Legal Topics
Future Economic Loss, General Damages, Interest on Damages
Damages Personal Injury Future Economic Loss General Damages Interest on Damages

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Parties

Gennusa

Plaintiff

Cleavely

Defendant

Procedural Posture

Appeal / Court of Appeal

Legal Issues

  1. 1 Whether the general damages awarded by the trial judge were excessive
  2. 2 Whether the calculation and projection of future economic loss was correct
  3. 3 Appropriate rate for interest on past general damages

Ratio Decidendi

The appeal was upheld only on the 'Gogic point'—the interest awarded on past general damages was incorrectly set at commercial rates (16%), instead of the arbitrary 4% fixed by precedent; otherwise, the trial judge’s assessment, including general damages and future economic loss, was within the permissible range and not to be disturbed.

Court Disposition

Appeal upheld in part; cross-appeal dismissed; judgment for plaintiff with adjusted damages.

Orders

  • Appeal upheld as to $29,800 interest on past general damages.
  • Cross-appeal dismissed.