Purkess v Crittenden [1965] HCA 34

Purkess v Crittenden [1965] HCA 34

The evidence did not establish with reasonable precision the extent of the appellant's pre-existing spinal condition or its likely future effects apart from the respondent's negligence, so it was proper to assess damages on the basis that the accident caused the appellant's permanent disability. The assessment of £5,064 for economic loss was generous but not excessive, and no basis was shown to increase it. Having regard to the appellant's disability and its effect on her life, no sufficient ground existed for the Full Court to disturb the trial judge's assessment of £5,000 for pain, suffering and loss of enjoyment of life.

Jurisdiction
Australia
Procedural Posture
Appeal in Personal Injuries Damages Action / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Queensland
Outcome
Appeal allowed with costs; order of the Full Court of the Supreme Court of Queensland set aside; trial judgment restored.
Legal Topics
['assessment of Damages' 'economic Loss' 'pain and Suffering' 'pre Existing Condition' 'burden of Proof' 'appellate Review of Damages']
['torts' 'personal Injury' 'damages' 'evidence'] ['assessment of Damages' 'economic Loss' 'pain and Suffering' 'pre Existing Condition' 'burden of Proof' 'appellate Review of Damages']

Case Brief

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Procedural Posture

Appeal in Personal Injuries Damages Action / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Queensland

Legal Issues

  1. 1 ['Whether the Full Court was justified in reducing the damages awarded by the trial judge as excessive.' 'Whether damages for economic loss should be increased.' "How the burden of proof operates where a defendant contends that a plaintiff's incapacity was wholly or partly caused by a pre-existing condition or would have occurred in any event."]

Ratio Decidendi

The evidence did not establish with reasonable precision the extent of the appellant's pre-existing spinal condition or its likely future effects apart from the respondent's negligence, so it was proper to assess damages on the basis that the accident caused the appellant's permanent disability. The assessment of £5,064 for economic loss was generous but not excessive, and no basis was shown to increase it. Having regard to the appellant's disability and its effect on her life, no sufficient ground existed for the Full Court to disturb the trial judge's assessment of £5,000 for pain, suffering and loss of enjoyment of life.

Court Disposition

Appeal allowed with costs; order of the Full Court of the Supreme Court of Queensland set aside; trial judgment restored.

Orders

  • ['Appeal allowed with costs.' 'Order of Full Court of Supreme Court of Queensland set aside.' 'In lieu thereof order that appeal and cross-appeal to that Court be dismissed with costs, costs to be set off.' 'The sum of £50 in the hands of the Registrar of the Supreme Court to be applied as may be directed by the...