KANJ v KANJ [1990] NSWCA 101

KANJ v KANJ [1990] NSWCA 101

The only error found was an arithmetical shortfall in the amount awarded for interest. Adding the deficit to the judgment achieves fairness without requiring a new trial or reassessment. The assessment of damages otherwise fell within the boundaries of proper discretion, and no material disadvantage resulted from procedural failures in serving medical reports.

Parties
Appellant: KANJ; Respondent: KANJ
Jurisdiction
Australia
Judgment Date
03 May 1990
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed; judgment below set aside; substituted judgment for appellant
Legal Topics
Assessment of Damages, Causation, Medical Evidence, Interest on Damages, Procedural Compliance
Torts Assessment of Damages Causation Medical Evidence Interest on Damages Procedural Compliance

Case Brief

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Parties

KANJ

Appellant

KANJ

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assessment of damages was inadequate
  2. 2 Causal connection between complaints and defendant's negligence
  3. 3 Procedural compliance with serving medical reports

Ratio Decidendi

The only error found was an arithmetical shortfall in the amount awarded for interest. Adding the deficit to the judgment achieves fairness without requiring a new trial or reassessment. The assessment of damages otherwise fell within the boundaries of proper discretion, and no material disadvantage resulted from procedural failures in serving medical reports.

Court Disposition

appeal allowed; judgment below set aside; substituted judgment for appellant

Orders

  • Judgment for plaintiff in the sum of $47,041, with costs to take effect from 18 December 1987.
  • No order as to the costs of the appeal.