HAINES v GRANT [1991] NSWCA 138

HAINES v GRANT [1991] NSWCA 138

The trial judge was entitled to accept the plaintiff's evidence on all disputed issues, including absence of contributory negligence, appropriateness of the general damages award, and the conclusions on economic loss. The factual findings were justified based on credibility and available evidence, so there was no sufficient ground for appellate intervention.

Parties
Appellant: Haines; Respondent: Grant
Jurisdiction
Australia
Judgment Date
04 April 1991
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Contributory Negligence, Damages, Economic Loss
Tort Law Personal Injury Contributory Negligence Damages Economic Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Haines

Appellant

Grant

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff was guilty of contributory negligence
  2. 2 Whether the award of general damages was excessive
  3. 3 Whether the economic loss findings were justified given the evidence

Ratio Decidendi

The trial judge was entitled to accept the plaintiff's evidence on all disputed issues, including absence of contributory negligence, appropriateness of the general damages award, and the conclusions on economic loss. The factual findings were justified based on credibility and available evidence, so there was no sufficient ground for appellate intervention.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.