Kosev v ACTTAB [2001] FCA 731

Kosev v ACTTAB [2001] FCA 731

The trial judge's assessment of damages, despite limited and unsatisfactory evidence, was not manifestly inadequate or wholly erroneous. There was no error in principle or material misapprehension of the facts warranting appellate intervention.

Parties
Applicant: John Kosev; Respondent: ACTTAB
Jurisdiction
Australia
Judgment Date
18 May 2001
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Personal Injury, Assessment of Damages, Appeals Against Quantum
Tort Law Personal Injury Assessment of Damages Appeals Against Quantum

Case Brief

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Parties

John Kosev

Applicant

ACTTAB

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge's assessment of damages in a personal injury claim was manifestly inadequate so as to warrant appellate intervention.

Ratio Decidendi

The trial judge's assessment of damages, despite limited and unsatisfactory evidence, was not manifestly inadequate or wholly erroneous. There was no error in principle or material misapprehension of the facts warranting appellate intervention.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.