SMALL v KUCLKAKYUZ [1995] NSWCA 435

SMALL v KUCLKAKYUZ [1995] NSWCA 435

The $40,000 award for general damages was within the permissible range given the evidence of aggravation due to the accident over 10 years and the appellant's pre-existing but non-symptomatic condition. The findings on economic loss were supported by evidence and did not warrant appellate intervention.

Parties
Appellant: Peter Eric Small; Respondent: KucIkakyuz
Jurisdiction
Australia
Judgment Date
16 March 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Damages, Quantum, Pre Existing Injury, General Damages
Tort Damages Quantum Pre Existing Injury General Damages

Case Brief

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Parties

Peter Eric Small

Appellant

KucIkakyuz

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award of $40,000 for general damages was appealably inadequate given the aggravation of a pre-existing but non-symptomatic condition; Whether findings relating to past and future economic loss were appealably inadequate

Ratio Decidendi

The $40,000 award for general damages was within the permissible range given the evidence of aggravation due to the accident over 10 years and the appellant's pre-existing but non-symptomatic condition. The findings on economic loss were supported by evidence and did not warrant appellate intervention.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs