KATICA KAJIC v NEWCASTLE WORKERS' CO-OPERATIVE CLUB LIMITED [1990] NSWCA 100

KATICA KAJIC v NEWCASTLE WORKERS' CO-OPERATIVE CLUB LIMITED [1990] NSWCA 100

There was ample evidence to support the jury’s findings of negligence and no contributory negligence; however, the general damages awarded were unreasonably low and should be reassessed by the Court to a fair amount on the evidence.

Parties
Appellant/plaintiff: Katica Kajic; Respondent/defendant: Newcastle Workers' Co-Operative Club Limited
Jurisdiction
Australia
Judgment Date
03 October 1990
Procedural Posture
Negligence Claim / Appeal and Cross Appeal From Jury Verdict
Outcome
Appeal allowed, cross-appeal dismissed, damages increased to $26,458.
Legal Topics
Negligence, Occupiers' Liability, Assessment of Damages, Contributory Negligence
Tort Law Negligence Occupiers' Liability Assessment of Damages Contributory Negligence

Case Brief

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Parties

Katica Kajic

Appellant/plaintiff

Newcastle Workers' Co-Operative Club Limited

Respondent/defendant

Procedural Posture

Negligence Claim / Appeal and Cross Appeal From Jury Verdict

Legal Issues

  1. 1 Whether there was sufficient evidence of negligence to support the jury's verdict.
  2. 2 Whether the jury's finding rejecting contributory negligence was open on the evidence.
  3. 3 Whether the damages awarded by the jury were unreasonably low and warranted appellate intervention.

Ratio Decidendi

There was ample evidence to support the jury’s findings of negligence and no contributory negligence; however, the general damages awarded were unreasonably low and should be reassessed by the Court to a fair amount on the evidence.

Court Disposition

Appeal allowed, cross-appeal dismissed, damages increased to $26,458.

Orders

  • The cross-appeal be dismissed with costs.
  • The appeal be allowed with costs.