MARSH v MOSS [1990] NSWCA 119
The trial judge erred in under-assessing the future economic loss and general damages due to the plaintiff’s injuries to his knee and elbow and in over-assessing future surgical expenses; the amounts were adjusted appropriately with reference to the medical evidence and risks, resulting in a substituted higher award.
- Parties
- Appellant: Marsh; Respondent: Moss
- Jurisdiction
- Australia
- Judgment Date
- 02 August 1990
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal allowed; judgment at first instance set aside; substituted judgment for the appellant.
- Legal Topics
- Damages Assessment, Future Economic Loss, General Damages, Interest on Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Marsh
Appellant
Moss
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the damages awarded at first instance were inadequate or excessive in light of the plaintiff’s injuries and future prospects
- 2 Whether the trial judge erred in the assessment of general damages, loss of future earning capacity, and future medical expenses
Ratio Decidendi
The trial judge erred in under-assessing the future economic loss and general damages due to the plaintiff’s injuries to his knee and elbow and in over-assessing future surgical expenses; the amounts were adjusted appropriately with reference to the medical evidence and risks, resulting in a substituted higher award.
Court Disposition
Appeal allowed; judgment at first instance set aside; substituted judgment for the appellant.
Orders
- Judgment in favour of appellant in the sum of $152,682.18
- Respondent to pay costs of hearing at first instance and of the appeal
Full Case Text
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