KOKL v KABLAR [1989] NSWCA 127

KOKL v KABLAR [1989] NSWCA 127

The appeal was dismissed because there is no requirement in law for the trial judge to provide separate estimates for each component of non-economic damages, the assessment of damages was not excessive or duplicative, and there was no need to specify the precise extent of any discount for future vicissitudes.

Parties
Appellant: KOKL; Respondent: KABLAR
Jurisdiction
Australia
Judgment Date
16 March 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Quantum, Assessment of Non Economic Loss
Damages Quantum Assessment of Non Economic Loss

Case Brief

Summary, issues, holding and outcome

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Parties

KOKL

Appellant

KABLAR

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in failing to provide separate estimates for components of non-economic damages
  2. 2 Whether the award for future pain and suffering and loss of amenities was excessive or duplicated damages
  3. 3 Whether the trial judge ought to have indicated the extent of discount for future vicissitudes

Ratio Decidendi

The appeal was dismissed because there is no requirement in law for the trial judge to provide separate estimates for each component of non-economic damages, the assessment of damages was not excessive or duplicative, and there was no need to specify the precise extent of any discount for future vicissitudes.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.