Gulic v Angelovski [2018] NSWCA 161
The appellant failed to adduce evidence sufficient to establish earning capacity at the date of the MVA or the statutory requirements for future economic loss or domestic assistance. The primary judge's credibility-based findings were open and not challenged in the grounds of appeal; the modest damages for past economic loss were properly assessed in light of the respondent's concession.
- Jurisdiction
- Australia
- Judgment Date
- 27 July 2018
- Procedural Posture
- Civil Appeal / Appeal From District Court Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- ["solicitor's Breach of Duty" 'assessment of Damages' 'loss of Earning Capacity' 'personal Injury' 'domestic Assistance']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil Appeal / Appeal From District Court Judgment
Legal Issues
- 1 ['What damages would have been awarded to the appellant at a notional trial date for personal injury?' 'Did the primary judge err in awarding modest damages for loss of earning capacity?' 'Did the appellant satisfy statutory requirements for future economic loss and domestic assistance?']
Ratio Decidendi
The appellant failed to adduce evidence sufficient to establish earning capacity at the date of the MVA or the statutory requirements for future economic loss or domestic assistance. The primary judge's credibility-based findings were open and not challenged in the grounds of appeal; the modest damages for past economic loss were properly assessed in light of the respondent's concession.
Court Disposition
Appeal dismissed
Orders
- ["Appellant to pay the respondent's costs."]
Full Case Text
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