CUMMINS v BROCKWELL BROCKWELL v BROWN [1993] NSWCA 79

CUMMINS v BROCKWELL BROCKWELL v BROWN [1993] NSWCA 79

The Court held that the findings and awards by the Master were reasonably open on the evidence and involved no material error. As to the first appeal, the damages were not excessive given the factual findings. As to the second appeal, the Court found no significant damage resulted from the second accident,...

Source-derived case information.

Parties
Plaintiff: Mrs K Brockwell; First Defendant: Cummins; Second Defendant: Brown
Jurisdiction
Australia
Judgment Date
16 April 1993
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Both appeals dismissed, leave to appeal refused.
Legal Topics
Motor Vehicle Accidents, Negligence, Damages, Economic Loss, Costs
Torts Personal Injury Motor Vehicle Accidents Negligence Damages Economic Loss Costs

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Parties

Mrs K Brockwell

Plaintiff

Cummins

First Defendant

Brown

Second Defendant

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether damages awarded in respect of the first motor vehicle accident were excessive
  2. 2 Whether damages denied in respect of the second motor vehicle accident were inadequate
  3. 3 Whether the costs order in the second case was appropriate

Ratio Decidendi

The Court held that the findings and awards by the Master were reasonably open on the evidence and involved no material error. As to the first appeal, the damages were not excessive given the factual findings. As to the second appeal, the Court found no significant damage resulted from the second accident, justifying the decision. The costs order in the second case was sensible given the facts.

Court Disposition

Both appeals dismissed, leave to appeal refused.

Orders

  • First appeal dismissed with costs.
  • Second appeal dismissed, no order as to costs.