HAINES v LIPPL [1991] NSWCA 136

HAINES v LIPPL [1991] NSWCA 136

The award of $70,000 in general damages for assault did not exceed the limits of sound discretion; half the award rates for past economic loss reasonably reflected the uncertainties in respondent's employment history and residual capacity; the award for future economic loss was appropriate given the imponderables; damages for trespass were not shown to be inadequate given the substantial damages for assault; the interest on general damages was to be reduced in accordance with MBP (SA) Pty Ltd v Gogic.

Parties
Respondent: Haines; Appellant: Lippl
Jurisdiction
Australia
Judgment Date
04 June 1991
Procedural Posture
Damages Appeal / Court of Appeal Judgment
Outcome
Appeal allowed. Cross-appeal dismissed.
Legal Topics
Trespass, Assault, Damages, Compensation
Tort Law Trespass Assault Damages Compensation

Case Brief

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Parties

Haines

Respondent

Lippl

Appellant

Procedural Posture

Damages Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the damages awarded for assault, trespass, and economic loss were excessive or inadequate
  2. 2 Appropriate assessment of general damages and economic loss given the respondent's injuries and employment history
  3. 3 Whether the award of interest on general damages was consistent with law

Ratio Decidendi

The award of $70,000 in general damages for assault did not exceed the limits of sound discretion; half the award rates for past economic loss reasonably reflected the uncertainties in respondent's employment history and residual capacity; the award for future economic loss was appropriate given the imponderables; damages for trespass were not shown to be inadequate given the substantial damages for assault; the interest on general damages was to be reduced in accordance with MBP (SA) Pty Ltd v Gogic.

Court Disposition

Appeal allowed. Cross-appeal dismissed.

Orders

  • Judgment of Bruce AJ set aside and in lieu thereof judgment be entered in favour of the respondent in the sum of $186,316.00 to date from 3 August 1990.
  • Appellants to pay costs of trial and appeal.