NESTLE AUSTRALIA LTD v McDOUGALL [1998] NSWCA 158
The deduction for vicissitudes of 25% made by the trial judge was within an acceptable range considering respondent's circumstances and pre-existing condition; no appealable error was shown in respect of economic loss assessment or the allowance of the claim for future out-of-pocket expenses, given supporting evidence and lack of prejudice from absence of particulars.
- Parties
- Appellant: Nestle Australia Ltd; Respondent: McDougall
- Jurisdiction
- Australia
- Judgment Date
- 24 June 1998
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Damages, Personal Injury, Economic Loss, Vicissitudes, Deduction, Contingencies, Pleadings, Particulars
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Nestle Australia Ltd
Appellant
McDougall
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Should a deduction for vicissitudes be made from awards for past economic loss and general damages?
- 2 What deduction for vicissitudes is appropriate given the respondent's pre-existing medical condition?
- 3 Should the assessment exclude non-tortious work-related injuries from contingencies?
Ratio Decidendi
The deduction for vicissitudes of 25% made by the trial judge was within an acceptable range considering respondent's circumstances and pre-existing condition; no appealable error was shown in respect of economic loss assessment or the allowance of the claim for future out-of-pocket expenses, given supporting evidence and lack of prejudice from absence of particulars.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment