Carroll v Thompson [2014] NSWDC 96
In light of the unchallenged evidence, and applying the principles for the assessment of damages for personal injury under s 16 Civil Liability Act 2002 (NSW), the landlords’ breach caused the plaintiff’s injuries, warranting damages assessed at 29% of a most extreme case, together with past and future medical expenses and attendant care.
- Jurisdiction
- Australia
- Judgment Date
- 10 March 2014
- Procedural Posture
- Civil / Judgment After Default, Assessment of Damages
- Outcome
- Judgment for the plaintiff against both defendants for $552,863. Defendants to pay the plaintiff's costs.
- Legal Topics
- ['negligence' 'landlord Liability' 'damages' 'default Judgment' 'assessment of Damages']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Judgment After Default, Assessment of Damages
Legal Issues
- 1 ['Whether the landlords breached their duty of care owed to the tenant resulting in personal injury' 'Assessment of damages for personal injuries in a default judgment context']
Ratio Decidendi
In light of the unchallenged evidence, and applying the principles for the assessment of damages for personal injury under s 16 Civil Liability Act 2002 (NSW), the landlords’ breach caused the plaintiff’s injuries, warranting damages assessed at 29% of a most extreme case, together with past and future medical expenses and attendant care.
Court Disposition
Judgment for the plaintiff against both defendants for $552,863. Defendants to pay the plaintiff's costs.
Orders
- ['Judgment for the plaintiff against both defendants in the sum of $552,863' 'Defendants to pay the plaintiff’s costs of the proceedings']
Full Case Text
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