GESSEY v MORRISON [1995] NSWCA 167

GESSEY v MORRISON [1995] NSWCA 167

Only error found was double counting in motor vehicle capital cost; otherwise, trial judge's findings and assessments of damages were not shown to be erroneous or outside proper discretionary judgment.

Parties
Appellant: Gessey; Respondent: Morrison
Jurisdiction
Australia
Judgment Date
08 December 1995
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal allowed in part; judgment reduced by $25,000; cross-appeal dismissed.
Legal Topics
Assessment of Damages, Negligence, Motor Vehicle Accident, Quantum of Damages
Damages Personal Injury Assessment of Damages Negligence Motor Vehicle Accident Quantum of Damages

Case Brief

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Parties

Gessey

Appellant

Morrison

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing past economic loss and future economic loss
  2. 2 Whether the trial judge made proper allowance for vicissitudes or contingencies
  3. 3 Whether the awards for past care and future care under s72 of the Motor Accidents Act 1988 were correct

Ratio Decidendi

Only error found was double counting in motor vehicle capital cost; otherwise, trial judge's findings and assessments of damages were not shown to be erroneous or outside proper discretionary judgment.

Court Disposition

Appeal allowed in part; judgment reduced by $25,000; cross-appeal dismissed.

Orders

  • Judgment for $2,576,045 substituted for judgment at first instance.
  • Appellant to pay respondent's costs of appeal.