MacDIARMID INDUSTRIAL SERVICES PTY LTD and ANOR v LEMON; LEMON v FRISINA [1996] NSWCA 335
The amount of damages awarded by the jury in the industrial accident case, including general damages, while high, was not appealably excessive and did not exceed proper limits; appellate intervention is not warranted according to established principles of review for jury verdicts in personal injury cases.
- Parties
- Appellant: MacDiarmid Industrial Services Pty Ltd; Appellant: Tubemakers; Respondent: Lemon; Respondent: Frisina
- Jurisdiction
- Australia
- Judgment Date
- 02 April 1996
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeals dismissed with costs.
- Legal Topics
- Assessment of Damages, Excessive Damages, Jury Verdict Review, Industrial Accident, Motor Vehicle Accident
Case Brief
Summary, issues, holding and outcome
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Parties
MacDiarmid Industrial Services Pty Ltd
Appellant
Tubemakers
Appellant
Lemon
Respondent
Frisina
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the general damages awarded by the jury in the industrial accident case were appealably excessive
- 2 Appropriate basis for appellate review of jury verdicts in personal injury cases
Ratio Decidendi
The amount of damages awarded by the jury in the industrial accident case, including general damages, while high, was not appealably excessive and did not exceed proper limits; appellate intervention is not warranted according to established principles of review for jury verdicts in personal injury cases.
Court Disposition
Appeals dismissed with costs.
Orders
- Appeals dismissed with costs.
Full Case Text
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