ESLICK v KELLY [1989] NSWCA 75
The assessment of general damages was not so high as to be disproportionate to the injuries proved; appeal should be dismissed.
- Parties
- Plaintiff: Mr Kelly; Defendant: Mr Eslick
- Jurisdiction
- Australia
- Judgment Date
- 22 February 1989
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Damages, Negligence, Personal Injury
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Kelly
Plaintiff
Mr Eslick
Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the assessment of general damages was excessive
Ratio Decidendi
The assessment of general damages was not so high as to be disproportionate to the injuries proved; appeal should be dismissed.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
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