GRANTHAM V. WRIGHT 15/1957

GRANTHAM V. WRIGHT 15/1957

The amount awarded as general damages was wholly inadequate considering the plaintiff's grave injuries and their permanent consequences, thus warranting appellate interference and the reassessment of damages.

Parties
Plaintiff: Grantham; Defendant: Wright
Jurisdiction
Australia
Judgment Date
02 April 1958
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed with costs.
Legal Topics
Quantum of Damages, Assessment of Damages, Loss of Earning Capacity
Personal Injury Tort Quantum of Damages Assessment of Damages Loss of Earning Capacity

Case Brief

Summary, issues, holding and outcome

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Parties

Grantham

Plaintiff

Wright

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the amount of damages awarded for personal injuries was adequate.
  2. 2 Whether the assessment of damages by the trial judge should be interfered with by the appellate court.

Ratio Decidendi

The amount awarded as general damages was wholly inadequate considering the plaintiff's grave injuries and their permanent consequences, thus warranting appellate interference and the reassessment of damages.

Court Disposition

Appeal allowed with costs.

Orders

  • Discharge the judgment of the Supreme Court of South Australia.
  • Order that the plaintiff recover from the defendant the sum of £9794 with costs.