Coates v Carter [1951] HCA 30

Coates v Carter [1951] HCA 30

After deducting the proved special damages of £165 from the £475 verdict, only £310 remained for general damages. On the inescapable facts, including multiple fractures of the jaw, pain and discomfort, treatment, permanent disadvantage and at least some actual or potential disability, that sum bore no reasonable proportion to the injuries sustained and was unreasonably small. The verdict therefore had to be set aside and a new trial ordered.

Jurisdiction
Australia
Procedural Posture
Personal Injury Negligence Action for Damages / Appeal From an Order of the Supreme Court of New South Wales Dismissing an Application for a New Trial
Outcome
Appeal allowed with costs; order of the Supreme Court discharged; new trial ordered.
Legal Topics
['personal Injury Damages' 'inadequate Damages' 'jury Verdict' 'new Trial' 'negligence']
['tort Law' 'civil Procedure'] ['personal Injury Damages' 'inadequate Damages' 'jury Verdict' 'new Trial' 'negligence']

Case Brief

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Procedural Posture

Personal Injury Negligence Action for Damages / Appeal From an Order of the Supreme Court of New South Wales Dismissing an Application for a New Trial

Legal Issues

  1. 1 ["Whether the damages awarded by the jury for the plaintiff's personal injuries were so inadequate as to be unreasonable." 'Whether the verdict should be set aside and a new trial ordered, and whether any new trial should be limited to damages or extend to the whole action.']

Ratio Decidendi

After deducting the proved special damages of £165 from the £475 verdict, only £310 remained for general damages. On the inescapable facts, including multiple fractures of the jaw, pain and discomfort, treatment, permanent disadvantage and at least some actual or potential disability, that sum bore no reasonable proportion to the injuries sustained and was unreasonably small. The verdict therefore had to be set aside and a new trial ordered.

Court Disposition

Appeal allowed with costs; order of the Supreme Court discharged; new trial ordered.

Orders

  • ['Appeal allowed with costs.' 'Order of Supreme Court discharged.' 'In lieu thereof order that there be a new trial of the action.' 'The costs of the first trial abide the event of the action.' 'The defendant respondent pay the costs of the appeal to the Full Court of the Supreme Court.']