HO v GARLING [1996] NSWCA 247

HO v GARLING [1996] NSWCA 247

The Court of Appeal found the trial judge's assessment of damages for non-economic loss and future earning capacity was open on the evidence, including acceptance of medical opinions and plaintiff's credibility, and that the effects of the NRMA employment were not compensable as too remote. The appeal arguments did not justify disturbing the findings and discretion exercised at trial.

Parties
Appellant: HO; Respondent: GARLING
Jurisdiction
Australia
Judgment Date
11 September 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Motor Vehicle Accident, Damages, Assessment of Non Economic Loss, Future Earning Capacity
Torts Motor Vehicle Accident Damages Assessment of Non Economic Loss Future Earning Capacity

Case Brief

Summary, issues, holding and outcome

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Parties

HO

Appellant

GARLING

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the damages awarded for non-economic loss and future loss of earning capacity were excessive
  2. 2 Whether the trial judge failed to weigh the evidence regarding inconsistencies, exaggeration and employment effects on health

Ratio Decidendi

The Court of Appeal found the trial judge's assessment of damages for non-economic loss and future earning capacity was open on the evidence, including acceptance of medical opinions and plaintiff's credibility, and that the effects of the NRMA employment were not compensable as too remote. The appeal arguments did not justify disturbing the findings and discretion exercised at trial.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Appellant to pay Respondent's costs of the appeal.