KRUF AND ANOR v MILLS [1995] NSWCA 251

KRUF AND ANOR v MILLS [1995] NSWCA 251

No error of law or inappropriate exercise of discretion in the assessment of damages by the trial judge was demonstrated. The assessment, though perhaps generous, was within the permissible range and supported by evidence.

Parties
Appellant: KRUF; Respondent: Mills
Jurisdiction
Australia
Judgment Date
08 June 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Personal Injuries, Negligence, Assessment of Damages, Contributory Negligence, Motor Vehicle Accidents
Tort Personal Injuries Negligence Assessment of Damages Contributory Negligence Motor Vehicle Accidents

Case Brief

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Parties

KRUF

Appellant

Mills

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the District Court judge erred in the assessment of damages for personal injuries resulting from negligent driving
  2. 2 Whether allowance for non-economic loss and diminished earning capacity was excessive or unreasonable

Ratio Decidendi

No error of law or inappropriate exercise of discretion in the assessment of damages by the trial judge was demonstrated. The assessment, though perhaps generous, was within the permissible range and supported by evidence.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal will be dismissed with costs