NOMINAL DEFENDANT v HUNT [1988] NSWCA 105

NOMINAL DEFENDANT v HUNT [1988] NSWCA 105

The trial Judge's awards for general damages, past, and future economic loss were high but not so excessive as to warrant intervention. The use of discount for possibility of improvement was appropriate, and no error affecting quantum was shown.

Parties
Appellant: Nominal Defendant; Respondent: Hunt; First Defendant (district Court): State Rail Authority of New South Wales
Jurisdiction
Australia
Judgment Date
06 May 1988
Procedural Posture
Appeal / Judgment (court of Appeal)
Outcome
Appeal dismissed
Legal Topics
Damages, Quantum, Motor Vehicle Accident, Assessment of Economic Loss
Personal Injury Tort Damages Quantum Motor Vehicle Accident Assessment of Economic Loss

Case Brief

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Parties

Nominal Defendant

Appellant

Hunt

Respondent

State Rail Authority of New South Wales

First Defendant (district Court)

Procedural Posture

Appeal / Judgment (court of Appeal)

Legal Issues

  1. 1 Whether the award of general damages was excessive
  2. 2 Whether the assessment for past and future economic loss was erroneous

Ratio Decidendi

The trial Judge's awards for general damages, past, and future economic loss were high but not so excessive as to warrant intervention. The use of discount for possibility of improvement was appropriate, and no error affecting quantum was shown.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs