GRIGG v LEWIS [1994] NSWCA 116

GRIGG v LEWIS [1994] NSWCA 116

The Court found that the trial judge’s assessment of general damages was within the permissible range considering the nature of the injuries, duration and extent of symptoms, and limited medical follow-up. The trial judge was entitled to prefer Dr Black's evidence and reject the economic loss claim, as the appellant had not discharged the onus of proof with respect to her alleged incapacity.

Parties
Appellant: Grigg; Respondent: Lewis
Jurisdiction
Australia
Judgment Date
28 February 1994
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
General Damages, Economic Loss, Out of Pocket Expenses
Personal Injury Motor Accident Compensation General Damages Economic Loss Out of Pocket Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

Grigg

Appellant

Lewis

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing general damages below 12-13% of the worst case
  2. 2 Whether the trial judge erred in rejecting the appellant's claim for economic loss

Ratio Decidendi

The Court found that the trial judge’s assessment of general damages was within the permissible range considering the nature of the injuries, duration and extent of symptoms, and limited medical follow-up. The trial judge was entitled to prefer Dr Black's evidence and reject the economic loss claim, as the appellant had not discharged the onus of proof with respect to her alleged incapacity.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.