OWNERS- STRATA PLAN 156 v GRAY [2004] NSWCA 304

OWNERS- STRATA PLAN 156 v GRAY [2004] NSWCA 304

The severity of respondent's non-economic loss as a proportion of a most extreme case was over the statutory threshold but was excessive at 33% and should be reduced to 20% (entitling damages of $9,500); award for future domestic assistance should be increased based on evidence and no deduction for vicissitudes; future economic loss assessed at a weekly loss of $100 is not to be disturbed.

Jurisdiction
Australia
Judgment Date
03 September 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; Cross-appeal allowed
Legal Topics
['assessment of Damages' 'non Economic Loss' 'future Economic Loss' 'future Domestic Assistance' 'loss of Future Superannuation' "threshold for 'most Extreme Case'"]
['tort Law' 'personal Injury'] ['assessment of Damages' 'non Economic Loss' 'future Economic Loss' 'future Domestic Assistance' 'loss of Future Superannuation' "threshold for 'most Extreme Case'"]

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the damages awarded for non-economic loss, future economic loss, future domestic assistance, and loss of future superannuation were manifestly excessive' 'Whether the severity of non-economic loss exceeded or fell short of 33% of a most extreme case' 'Appropriate percentage for non-economic loss' 'Need for future domestic assistance and assessment thereof' 'Appropriate deduction for vicissitudes for domestic assistance']

Ratio Decidendi

The severity of respondent's non-economic loss as a proportion of a most extreme case was over the statutory threshold but was excessive at 33% and should be reduced to 20% (entitling damages of $9,500); award for future domestic assistance should be increased based on evidence and no deduction for vicissitudes; future economic loss assessed at a weekly loss of $100 is not to be disturbed.

Court Disposition

Appeal allowed; Cross-appeal allowed

Orders

  • ['Appeal allowed' 'Cross-appeal allowed' 'Appellant to file short minutes of orders within seven days' 'Parties to file written submissions within seven days, if required, relating to costs and restitution']