BROWN v FLEMMING [1992] NSWCA 31

BROWN v FLEMMING [1992] NSWCA 31

The Master properly found no causal nexus between the appellant's low back disability and the motor vehicle accident, and the damages and approach to assessment, including interest, were not outside the bounds of reasonable discretion.

Source-derived case information.

Parties
Appellant: Glenn Hilton Brown; Respondent: Flemming
Jurisdiction
Australia
Judgment Date
02 April 1992
Procedural Posture
Appeal / Appeal From Master's Assessment of Damages
Outcome
appeal dismissed
Legal Topics
Damages, Personal Injury, Assessment of Damages
Tort Damages Personal Injury Assessment of Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

Glenn Hilton Brown

Appellant

Flemming

Respondent

Procedural Posture

Appeal / Appeal From Master's Assessment of Damages

Legal Issues

  1. 1 Whether the damages awarded by the Master were inadequate
  2. 2 Whether the appellant's low back disability was causally related to the motor vehicle accident
  3. 3 Whether the Master erred by not awarding interest on past economic loss

Ratio Decidendi

The Master properly found no causal nexus between the appellant's low back disability and the motor vehicle accident, and the damages and approach to assessment, including interest, were not outside the bounds of reasonable discretion.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed with costs