OWENS V. BOSWELL

No error of law appeared in the Court of Appeal's correction of the trial judge's inadequate award of damages; unless their view was unreasonable, it should not be disturbed.

Parties: Appellant: Peter Michael Owens; Respondent: Ruth Boswell
Jurisdiction: Australia
Judgment Date: 21 August 1975
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Damages, Quantum of Damages, Appeals

Tort Law Damages Quantum of Damages Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Peter Michael Owens

Appellant

Ruth Boswell

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether the Court of Appeal was unreasonable in correcting the trial judge's award of damages
2 Whether there was an error of law in the award of damages

Ratio Decidendi

No error of law appeared in the Court of Appeal's correction of the trial judge's inadequate award of damages; unless their view was unreasonable, it should not be disturbed.

Court Disposition

appeal dismissed with costs

Orders

Appeal dismissed with costs.