HOBELL v LEONARD [1990] NSWCA 95

HOBELL v LEONARD [1990] NSWCA 95

The assessment of damages was not wholly erroneous and was supported by the evidence presented, including acceptance of medical reports and plaintiff's oral testimony. The judge's findings and applied discounts were justifiable, and the amount of damages awarded did not fall outside the limits of discretion.

Parties
Appellant: Hobell; Respondent: Leonard
Jurisdiction
Australia
Judgment Date
29 May 1990
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Quantum, Assessment of Damages, Earning Capacity, Personal Injury
Damages Quantum Assessment of Damages Earning Capacity Personal Injury

Case Brief

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Parties

Hobell

Appellant

Leonard

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the assessment of damages for personal injury was erroneous

Ratio Decidendi

The assessment of damages was not wholly erroneous and was supported by the evidence presented, including acceptance of medical reports and plaintiff's oral testimony. The judge's findings and applied discounts were justifiable, and the amount of damages awarded did not fall outside the limits of discretion.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.