McCORMICK v PYOGEAR PTY LTD [1995] NSWCA 304

McCORMICK v PYOGEAR PTY LTD [1995] NSWCA 304

The trial judge’s credibility findings stand, there was no basis for economic loss, but the award of general damages was unreasonably low given accepted evidence about the change in lifestyle caused by the accident. The proper award is $25,000 for general damages, plus interest and out-of-pocket expenses.

Parties
Plaintiff: McCormick; Defendant: Pyogear Pty Ltd
Jurisdiction
Australia
Judgment Date
31 March 1995
Procedural Posture
Civil / Appeal
Outcome
appeal allowed in part
Legal Topics
Personal Injury, Assessment of Damages
Torts Personal Injury Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

McCormick

Plaintiff

Pyogear Pty Ltd

Defendant

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for personal injury
  2. 2 Whether the trial judge erred in the assessment of economic loss
  3. 3 Whether out-of-time documents were wrongly rejected

Ratio Decidendi

The trial judge’s credibility findings stand, there was no basis for economic loss, but the award of general damages was unreasonably low given accepted evidence about the change in lifestyle caused by the accident. The proper award is $25,000 for general damages, plus interest and out-of-pocket expenses.

Court Disposition

appeal allowed in part

Orders

  • Judgment below set aside
  • Substitute judgment for plaintiff in total sum $26,284 (including $25,000 general damages, $750 interest, $534 out-of-pocket expenses)