Lendvay v Loxley [1999] NSWCA 156

Lendvay v Loxley [1999] NSWCA 156

Leave to appeal was refused because the Court was not persuaded that the $150,000 award for general damages was outside the limits of a sound exercise of discretion, having regard to the loss of sight, emotional impact, practical disadvantages, and risk associated with loss or diminution of vision in the remaining eye.

Jurisdiction
Australia
Judgment Date
27 May 1999
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From District Court Judgment
Outcome
Leave refused with costs
Legal Topics
['general Damages' 'loss of Sight in One Eye' 'excessive Damages' 'leave to Appeal']
['personal Injury' 'damages' 'appellate Procedure'] ['general Damages' 'loss of Sight in One Eye' 'excessive Damages' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From District Court Judgment

Legal Issues

  1. 1 ['Whether the award of $150,000 general damages for loss of sight in one eye during surgery was so excessive as to be unreasonable or plainly unjust and outside the limits of a sound exercise of discretion.']

Ratio Decidendi

Leave to appeal was refused because the Court was not persuaded that the $150,000 award for general damages was outside the limits of a sound exercise of discretion, having regard to the loss of sight, emotional impact, practical disadvantages, and risk associated with loss or diminution of vision in the remaining eye.

Court Disposition

Leave refused with costs

Orders

  • ['Leave to appeal refused with costs.']