Khan v Polyzois [2006] NSWCA 59
The evidence did not establish ongoing disability or diminished earning capacity; non-economic loss was excessive at 30% and should be reassessed at 20%; damages for future economic loss are not justified; appeal upheld, judgment for respondent set aside, and judgment for appellant entered.
- Jurisdiction
- Australia
- Judgment Date
- 12 April 2006
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal upheld, judgment for respondent set aside, judgment for appellant entered
- Legal Topics
- ['damages' 'assessment of Damages' 'civil Liability Act 2002' 'workers Compensation']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 ['Whether the award for non-economic loss was excessive' 'Whether damages for future economic loss were justified' 'Whether deductions for workers compensation entitlements were correctly applied']
Ratio Decidendi
The evidence did not establish ongoing disability or diminished earning capacity; non-economic loss was excessive at 30% and should be reassessed at 20%; damages for future economic loss are not justified; appeal upheld, judgment for respondent set aside, and judgment for appellant entered.
Court Disposition
Appeal upheld, judgment for respondent set aside, judgment for appellant entered
Orders
- ['Appeal upheld' 'Judgment for the respondent be set aside and in lieu thereof there be judgment for the appellant' 'The judgment monies of $86,204.00 paid into the District Court on behalf of the appellant on 5 October 2004 pursuant to order of Judge Twigg made on 20 September 2004 together with any interest that...
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