CRASTI v HEITMANN [1993] NSWCA 77

CRASTI v HEITMANN [1993] NSWCA 77

No appellable error was established in findings as to negligence or apportionment. The trial judge's assessments for future care and damages were within discretion. Changes in law after trial do not justify altering the outcome absent other error.

Parties
Respondent: Mr Heitmann; Appellant: Mr Crasti
Jurisdiction
Australia
Judgment Date
13 September 1993
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs; cross appeal dismissed with costs.
Legal Topics
Negligence, Contributory Negligence, Apportionment, Damages, Assessment of Future Care, Interest on Damages
Torts Personal Injury Negligence Contributory Negligence Apportionment Damages Assessment of Future Care Interest on Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Mr Heitmann

Respondent

Mr Crasti

Appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in findings as to liability
  2. 2 Whether the apportionment of negligence was correct
  3. 3 Whether the assessment of damages for future care and interest on past general damages was erroneous

Ratio Decidendi

No appellable error was established in findings as to negligence or apportionment. The trial judge's assessments for future care and damages were within discretion. Changes in law after trial do not justify altering the outcome absent other error.

Court Disposition

Appeal dismissed with costs; cross appeal dismissed with costs.

Orders

  • Appeal dismissed with costs
  • Cross appeal dismissed with costs