MURPHY v EMBREY [1988] NSWCA 99

The court found the award of $6000 for pain and suffering and loss of amenities was inadequate given the uncontested medical evidence of ongoing symptoms and persistent pain; substituted $12000 for that component, leading to a total judgment of $13,673.60.

Parties: Appellant: Murphy; Respondent: Embrey
Jurisdiction: Australia
Judgment Date: 05 August 1988
Procedural Posture: Appeal / Final Judgment
Outcome: Appeal allowed. Judgment and orders below set aside. Judgment entered for $13,673.60 to take effect from 16 March 1987. Respondent to pay appellant's costs of the appeal.
Legal Topics: Quantum, Judicial Reasoning, Pain and Suffering

Damages Quantum Judicial Reasoning Pain and Suffering

Case Brief

Summary, issues, holding and outcome

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Parties

Murphy

Appellant

Embrey

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

1 Whether the damages awarded for pain, suffering, and loss of amenities were adequate
2 Whether the trial judge erred by failing to provide sufficient reasons for the decision

Ratio Decidendi

Court Disposition

Appeal allowed. Judgment and orders below set aside. Judgment entered for $13,673.60 to take effect from 16 March 1987. Respondent to pay appellant's costs of the appeal.

Orders

Judgment and orders below set aside
Judgment in the sum of $13,673.60 substituted to take effect from 16 March 1987