KYLIE STEELE v IVAN STEELE [1992] NSWCA 243

KYLIE STEELE v IVAN STEELE [1992] NSWCA 243

The trial judge's award of general damages was so low as to justify intervention by the Court of Appeal. The plaintiff suffered ongoing disabilities and loss of enjoyment of activities. The Court substituted an award of $30,000 for general damages, split equally between past and future damages.

Parties
Appellant: Kylie Steele; Respondent: Ivan Steele
Jurisdiction
Australia
Judgment Date
24 March 1992
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; judgment set aside as to general damages; new award substituted; respondent to pay appellant's costs of appeal.
Legal Topics
Damages, Personal Injury, Assessment of Damages, Motor Vehicle Accident
Torts Damages Personal Injury Assessment of Damages Motor Vehicle Accident

Case Brief

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Parties

Kylie Steele

Appellant

Ivan Steele

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award of general damages to the plaintiff was inadequate given the injuries suffered in a motor vehicle accident.

Ratio Decidendi

The trial judge's award of general damages was so low as to justify intervention by the Court of Appeal. The plaintiff suffered ongoing disabilities and loss of enjoyment of activities. The Court substituted an award of $30,000 for general damages, split equally between past and future damages.

Court Disposition

Appeal allowed; judgment set aside as to general damages; new award substituted; respondent to pay appellant's costs of appeal.

Orders

  • Judgment of Judge Gallen, except as to costs, set aside.
  • Judgment entered for appellant in sum reflecting increased general damages.