Miles v Commercial Banking Co. of Sydney [1904] HCA 54

Miles v Commercial Banking Co. of Sydney [1904] HCA 54

The appeal was dismissed because the learned trial judge wrongly allowed the jury to consider evidence of special damage (loss of agency) not pleaded or proved, leading to an excessive damages award. This misdirection justified a new trial even though no formal objection was taken at trial. The evidence supported only limited general damages for injury to credit/reputation from the dishonors/libel, not the £800 awarded. The proper measure of damages must be distinguished between general and special damage, with the latter strictly pleaded and proved.

Parties
Appellant; Plaintiff: Miles; Respondent; Defendant: Commercial Banking Co. of Sydney
Jurisdiction
Australia
Judgment Date
26 August 1904
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales Decision Granting New Trial
Outcome
Appeal dismissed
Legal Topics
New Trial, Excessive Damages, Measure of Damages, Dishonor of Cheque, Libel, Special and General Damages, Jury Misdirection
Practice and Procedure Damages Defamation Banking Law New Trial Excessive Damages Measure of Damages Dishonor of Cheque +3 more

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Parties

Miles

Appellant; Plaintiff

Commercial Banking Co. of Sydney

Respondent; Defendant

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales Decision Granting New Trial

Legal Issues

  1. 1 Whether a new trial should be granted where damages awarded by a jury are excessive and can only be explained by misdirection as to the measure of damages.
  2. 2 Whether evidence of specific loss not pleaded or proved as special damage is admissible in an action claiming only general damages for injury to credit and reputation.

Ratio Decidendi

The appeal was dismissed because the learned trial judge wrongly allowed the jury to consider evidence of special damage (loss of agency) not pleaded or proved, leading to an excessive damages award. This misdirection justified a new trial even though no formal objection was taken at trial. The evidence supported only limited general damages for injury to credit/reputation from the dishonors/libel, not the £800 awarded. The proper measure of damages must be distinguished between general and special damage, with the latter strictly pleaded and proved.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs