Sullivan v Gordon (No 2) [1999] NSWCA 472

Sullivan v Gordon (No 2) [1999] NSWCA 472

No new trial on damages was warranted because the claim for damages for care of the appellant's child had been made and resisted at first instance, evidence was called in respect of it, and that was the time for the respondent to challenge the extent of care necessary for the child; the matter had been sufficiently and adequately agitated at first instance.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Civil Appeal / Considered on the Papers After Judgment Regarding Whether a New Trial on Damages Should Be Ordered
Outcome
No further order
Legal Topics
['damages' 'griffiths V Kerkemeyer Damages' 'loss of Capacity to Care for a Child' 'new Trial' 'issues Raised at First Instance']
['tort Law' 'personal Injury' 'civil Procedure'] ['damages' 'griffiths V Kerkemeyer Damages' 'loss of Capacity to Care for a Child' 'new Trial' 'issues Raised at First Instance']

Case Brief

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Procedural Posture

Civil Appeal / Considered on the Papers After Judgment Regarding Whether a New Trial on Damages Should Be Ordered

Legal Issues

  1. 1 ['Whether a new trial on damages should be ordered if Burnicle v Cutelli [1982] 2 NSWLR 26 was no longer good law in New South Wales in relation to damages on a Griffiths v Kerkemeyer basis for loss of capacity to care for a child.' "Whether the issue of care of the appellant's child had been sufficiently and adequately agitated at first instance."]

Ratio Decidendi

No new trial on damages was warranted because the claim for damages for care of the appellant's child had been made and resisted at first instance, evidence was called in respect of it, and that was the time for the respondent to challenge the extent of care necessary for the child; the matter had been sufficiently and adequately agitated at first instance.

Court Disposition

No further order

Orders

  • ['No further order']