OLDS v THE NOMINAL DEFENDANT [1992] NSWCA 174

OLDS v THE NOMINAL DEFENDANT [1992] NSWCA 174

The trial judge's assessment of damages for pain and suffering and diminished earning capacity was inadequate; the Court increased the awards to reflect the appellant's ongoing pain, medical history, incapacity to work full time, and realistic prospects for employment.

Parties
Appellant: OLDS; Respondent: The Nominal Defendant
Jurisdiction
Australia
Judgment Date
10 August 1992
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed
Legal Topics
Quantum of Damages, Pain and Suffering, Diminished Earning Capacity
Damages Personal Injury Quantum of Damages Pain and Suffering Diminished Earning Capacity

Case Brief

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Parties

OLDS

Appellant

The Nominal Defendant

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Adequacy of damages for pain and suffering
  2. 2 Adequacy of damages for diminished earning capacity

Ratio Decidendi

The trial judge's assessment of damages for pain and suffering and diminished earning capacity was inadequate; the Court increased the awards to reflect the appellant's ongoing pain, medical history, incapacity to work full time, and realistic prospects for employment.

Court Disposition

Appeal allowed

Orders

  • The judgment below is set aside.
  • Judgment for the appellant in the sum of $311,910 to date from 28 September 1990 with costs.