MILLER v TURNER [1995] NSWCA 296

MILLER v TURNER [1995] NSWCA 296

No error has been demonstrated in the trial judge's assessment of non-economic or future economic loss; the decision falls within the judge's discretion and is sustained by the evidence.

Parties
Appellant: Mrs Miller; Respondent: Turner
Jurisdiction
Australia
Judgment Date
17 March 1995
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Damages, Personal Injuries, Future Economic Loss, Non Economic Loss, Motor Vehicle Accident
Tort Law Personal Injury Damages Personal Injuries Future Economic Loss Non Economic Loss Motor Vehicle Accident

Case Brief

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Parties

Mrs Miller

Appellant

Turner

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the award for non-economic loss was inadequate and involved a failure to properly exercise statutory discretion
  2. 2 Whether the assessment for future economic loss was erroneous

Ratio Decidendi

No error has been demonstrated in the trial judge's assessment of non-economic or future economic loss; the decision falls within the judge's discretion and is sustained by the evidence.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.