Karl Peter Teubracht v Bruce Joseph Low [1982] FCA 48

Karl Peter Teubracht v Bruce Joseph Low [1982] FCA 48

The majority held that it had not been established that the trial judge acted on any error of principle or misapprehension of the facts; while they may have awarded a larger amount themselves, they were not satisfied the trial judge made a wholly erroneous estimate of damages, and therefore the appeal should be dismissed.

Parties
Appellant: Kari Peter Teubrecht; Respondent: Bruce Joseph Low
Jurisdiction
Australia
Judgment Date
08 April 1982
Procedural Posture
Appeal / Judgment and Orders on Appeal
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Loss of Earning Capacity, Assessment of Damages
Damages Personal Injury Law Quantum of Damages Loss of Earning Capacity Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Kari Peter Teubrecht

Appellant

Bruce Joseph Low

Respondent

Procedural Posture

Appeal / Judgment and Orders on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in principle or made a wholly erroneous estimate when assessing damages for loss of earning capacity.

Ratio Decidendi

The majority held that it had not been established that the trial judge acted on any error of principle or misapprehension of the facts; while they may have awarded a larger amount themselves, they were not satisfied the trial judge made a wholly erroneous estimate of damages, and therefore the appeal should be dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to pay the respondent's costs to be taxed.