ABBOUD v LAZAREVIC [1997] NSWCA 3

ABBOUD v LAZAREVIC [1997] NSWCA 3

The trial judge’s assessment that the respondent suffered significant impairment and his acceptance of the respondent's evidence and medical opinions justified the 25% assessment for non-economic loss, which was within the permissible discretionary range. Accordingly, the appeal fails.

Parties
Respondent/plaintiff: Abbound; Appellant/defendant: Lazarevic
Jurisdiction
Australia
Judgment Date
13 November 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Motor Vehicle Accident, Non Economic Loss Assessment, Damages
Personal Injury Tort Law Motor Vehicle Accident Non Economic Loss Assessment Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Abbound

Respondent/plaintiff

Lazarevic

Appellant/defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing non-economic loss at 25% of a most extreme case under the Motor Accidents Act 1988.

Ratio Decidendi

The trial judge’s assessment that the respondent suffered significant impairment and his acceptance of the respondent's evidence and medical opinions justified the 25% assessment for non-economic loss, which was within the permissible discretionary range. Accordingly, the appeal fails.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.