Ginich, M. v. Johnston, T. [1987] FCA 793

Ginich, M. v. Johnston, T. [1987] FCA 793

It was open to the trial judge on the evidence to accept Dr Cassar's emphasis on the appellant's pre-existing migraine, moderate injury from the accident, and continuing (though not drastic) capacity for employment, making the damages award adequate and not based on misapprehension or misapplication of legal principles.

Parties
Appellant: Margaret Ginich; Respondent: Tony Johnston
Jurisdiction
Australia
Judgment Date
11 June 1987
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Damages, Personal Injury, Assessment of Damages
Tort Law Damages Personal Injury Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Margaret Ginich

Appellant

Tony Johnston

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in accepting the medical evidence of Dr Cassar over other experts regarding the appellant's post-accident condition and earning capacity
  2. 2 Whether the award of damages was adequate and based on proper consideration of the evidence
  3. 3 Whether the appellant's headaches and earning capacity were properly attributed to the accident

Ratio Decidendi

It was open to the trial judge on the evidence to accept Dr Cassar's emphasis on the appellant's pre-existing migraine, moderate injury from the accident, and continuing (though not drastic) capacity for employment, making the damages award adequate and not based on misapprehension or misapplication of legal principles.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.