COSTAIN AUSTRALIA LTD v GILMORE [1992] NSWCA 46

COSTAIN AUSTRALIA LTD v GILMORE [1992] NSWCA 46

The damages awarded by the jury, when analysed for components of economic loss and loss of amenity, were within the range open to the jury on the evidence; there is no basis to conclude the verdict was excessive or a mistrial occurred. The appeal should therefore be dismissed.

Parties
Defendant: Costain Australia Ltd; Plaintiff: Gilmore
Jurisdiction
Australia
Judgment Date
15 April 1992
Procedural Posture
Civil Appeal / Appeal From District Court to Supreme Court of New South Wales Court of Appeal
Outcome
appeal dismissed
Legal Topics
Damages, Personal Injury, Economic Loss, General Damages, Assessment of Damages
Tort Law Negligence Damages Personal Injury Economic Loss General Damages Assessment of Damages

Case Brief

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Parties

Costain Australia Ltd

Defendant

Gilmore

Plaintiff

Procedural Posture

Civil Appeal / Appeal From District Court to Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether the damages awarded by the jury were beyond the range of what was open on the evidence presented
  2. 2 Whether the jury's verdict of $70,000 in damages was excessive for economic loss and general damages

Ratio Decidendi

The damages awarded by the jury, when analysed for components of economic loss and loss of amenity, were within the range open to the jury on the evidence; there is no basis to conclude the verdict was excessive or a mistrial occurred. The appeal should therefore be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.
  • Appellant (defendant) to pay respondent (plaintiff's) costs.