HASSIB v HAINES [1989] NSWCA 97

HASSIB v HAINES [1989] NSWCA 97

The appellant's failure to check that the motor mower was in neutral before starting was a significant omission amounting to contributory negligence that had a common sense causal link to the injury. The trial judge's assessment of general damages and for impairment of earning capacity was inadequate, necessitating a higher award.

Parties
Appellant: Hassib; Respondent: Haines
Jurisdiction
Australia
Judgment Date
20 July 1989
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal upheld
Legal Topics
Contributory Negligence, Damages, Impairment of Earning Capacity
Torts Personal Injury Contributory Negligence Damages Impairment of Earning Capacity

Case Brief

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Parties

Hassib

Appellant

Haines

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant was guilty of contributory negligence
  2. 2 Whether the trial judge's assessment of damages was inadequate

Ratio Decidendi

The appellant's failure to check that the motor mower was in neutral before starting was a significant omission amounting to contributory negligence that had a common sense causal link to the injury. The trial judge's assessment of general damages and for impairment of earning capacity was inadequate, necessitating a higher award.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The judgment is set aside.