MAIORANA v ZAMMIT [1988] NSWCA 88

MAIORANA v ZAMMIT [1988] NSWCA 88

The original award of general damages was excessive given the respondent's level of suffering, timely return to work, absence of ongoing loss of earning capacity, and improvement over time. The correct quantum for future damages was $15,000, with $20,000 for past suffering maintained, and judgment should be set aside and entered for $39,520.75.

Parties
Appellant: Maiorana; Respondent: Zammit
Jurisdiction
Australia
Judgment Date
29 February 1988
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed. Judgment below set aside. Judgment entered for the respondent for $39,520.75.
Legal Topics
Damages, Nervous Shock, Personal Injury, Assessment of Damages, Excessive Damages
Tort Damages Nervous Shock Personal Injury Assessment of Damages Excessive Damages

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Parties

Maiorana

Appellant

Zammit

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the general damages awarded to the respondent for nervous shock were excessive.
  2. 2 Appropriate quantum for damages in a case of nervous shock without physical injury.

Ratio Decidendi

The original award of general damages was excessive given the respondent's level of suffering, timely return to work, absence of ongoing loss of earning capacity, and improvement over time. The correct quantum for future damages was $15,000, with $20,000 for past suffering maintained, and judgment should be set aside and entered for $39,520.75.

Court Disposition

Appeal allowed. Judgment below set aside. Judgment entered for the respondent for $39,520.75.

Orders

  • Judgment entered for respondent in the sum of $39,520.75 to date from the time of the trial.
  • Respondent to pay appellant's costs of the appeal.