MORGAN V. HOSKING 9/1960
The Court found that the trial judge's assessment of general damages was within the fair range of discretion and not so low as to warrant appellate intervention; nor was it excessive. Both appeal and cross-appeal were dismissed.
- Parties
- Appellant: Morgan; Respondent: Hosking
- Jurisdiction
- Australia
- Judgment Date
- 15 December 1960
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal and cross-appeal dismissed
- Legal Topics
- Personal Injury, Assessment of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Morgan
Appellant
Hosking
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the general damages awarded (£16,000) were adequate
- 2 Whether the general damages awarded were excessive
Ratio Decidendi
The Court found that the trial judge's assessment of general damages was within the fair range of discretion and not so low as to warrant appellate intervention; nor was it excessive. Both appeal and cross-appeal were dismissed.
Court Disposition
appeal and cross-appeal dismissed
Orders
- No order as to the costs of either appeal
Full Case Text
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