WOOLLEY v PHILLIPS [1996] NSWCA 562

WOOLLEY v PHILLIPS [1996] NSWCA 562

The trial judge's assessment of compensatory damages for assault, wrongful arrest, and false imprisonment was within the proper discretionary range, and the failure to pursue a legal career was not causally attributable to the incidents in question.

Parties
Appellant: Helena Maria Woolley; Respondent: Gary Thomas Phillips
Jurisdiction
Australia
Judgment Date
26 August 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Assault, Wrongful Arrest, False Imprisonment, Damages
Tort Assault Wrongful Arrest False Imprisonment Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Helena Maria Woolley

Appellant

Gary Thomas Phillips

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the damages awarded for assault, wrongful arrest and false imprisonment were inadequate
  2. 2 Whether the psychological injury and failure to pursue a legal career should affect damages

Ratio Decidendi

The trial judge's assessment of compensatory damages for assault, wrongful arrest, and false imprisonment was within the proper discretionary range, and the failure to pursue a legal career was not causally attributable to the incidents in question.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.