JACKSON AND ANOTHER V. JACKSON

JACKSON AND ANOTHER V. JACKSON

The High Court held that the assessment of general damages by the Court of Appeal, including for lost earning capacity, was not so high as to be unreasonable or to justify intervention by a second appellate court. The appeal was therefore dismissed.

Parties
Appellant: Jackson and Another; Respondent: Jackson
Jurisdiction
Australia
Judgment Date
08 April 1971
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Personal Injury, Damages Assessment, Motor Vehicle Accident
Torts Personal Injury Damages Assessment Motor Vehicle Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Jackson and Another

Appellant

Jackson

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the general damages awarded for personal injuries were manifestly excessive
  2. 2 Whether assessment of damages by the Court of Appeal was inordinately high

Ratio Decidendi

The High Court held that the assessment of general damages by the Court of Appeal, including for lost earning capacity, was not so high as to be unreasonable or to justify intervention by a second appellate court. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs