Palmer v RTA & Ors [2002] NSWSC 34

Palmer v RTA & Ors [2002] NSWSC 34

The proper approach to calculating fund management loss is to base damages on actual ongoing costs as advanced by the defendants, and therefore the award for this head is $300,000. Judgment is entered in favour of the plaintiff against each defendant for $16,347,477.91 as itemised.

Jurisdiction
Australia
Judgment Date
04 February 2002
Procedural Posture
Negligence / Final Judgment and Assessment of Damages
Outcome
Judgment in favour of the plaintiff against each defendant for $16,347,477.91.
Legal Topics
['negligence' 'calculation of Damages']
['tort Law'] ['negligence' 'calculation of Damages']

Case Brief

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Procedural Posture

Negligence / Final Judgment and Assessment of Damages

Legal Issues

  1. 1 ['Assessment of damages in a negligence action' 'Calculation of fund management for damages' 'Appropriate quantum for future losses']

Ratio Decidendi

The proper approach to calculating fund management loss is to base damages on actual ongoing costs as advanced by the defendants, and therefore the award for this head is $300,000. Judgment is entered in favour of the plaintiff against each defendant for $16,347,477.91 as itemised.

Court Disposition

Judgment in favour of the plaintiff against each defendant for $16,347,477.91.

Orders

  • ['Plaintiff awarded $16,347,477.91 in damages against each defendant' "Parties to bring in short minutes to reflect reasons and orders on cross claims except third defendant's cross claim against QBE Insurance" "Judgment and costs reserved for third defendant's cross claim against QBE Insurance" 'Question of costs...