MITCHELL v CHALKER [1995] NSWCA 298

MITCHELL v CHALKER [1995] NSWCA 298

The trial judge erred in law by dividing the percentage of incapacity by three to assess damages under the Motor Accidents Act 1988, and as a consequence the judgment cannot stand and must be set aside.

Parties
Appellant: Mitchell; Respondent: Chalker
Jurisdiction
Australia
Judgment Date
08 March 1995
Procedural Posture
Appeal / Hearing and Decision
Outcome
appeal allowed; judgment set aside; new trial ordered limited to damages; costs ordered as per judgment
Legal Topics
Assessment of Damages, Error of Law
Personal Injury Motor Accident Assessment of Damages Error of Law

Case Brief

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Parties

Mitchell

Appellant

Chalker

Respondent

Procedural Posture

Appeal / Hearing and Decision

Legal Issues

  1. 1 Whether the method of assessment of damages under the Motor Accidents Act 1988 was wrong in legal principle

Ratio Decidendi

The trial judge erred in law by dividing the percentage of incapacity by three to assess damages under the Motor Accidents Act 1988, and as a consequence the judgment cannot stand and must be set aside.

Court Disposition

appeal allowed; judgment set aside; new trial ordered limited to damages; costs ordered as per judgment

Orders

  • Appeal allowed.
  • Judgment of Judge McLachlan be set aside and a new trial ordered limited to damages.