QUIST v GARDETT [1988] NSWCA 123

QUIST v GARDETT [1988] NSWCA 123

The Court found the trial judge's award for future economic loss was appealably low given the extent of the plaintiff's disabilities and limited employment prospects. The award was doubled, and general damages increased, based on a reassessment of the evidence regarding economic disadvantage and pain and suffering.

Parties
Plaintiff: Quist; Defendant: Gardett
Jurisdiction
Australia
Judgment Date
25 November 1988
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed
Legal Topics
Quantum, Future Economic Loss
Damages Personal Injury Quantum Future Economic Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Quist

Plaintiff

Gardett

Defendant

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the awards for future economic loss and pain and suffering were adequate given the plaintiff's disabilities and employment disadvantage

Ratio Decidendi

The Court found the trial judge's award for future economic loss was appealably low given the extent of the plaintiff's disabilities and limited employment prospects. The award was doubled, and general damages increased, based on a reassessment of the evidence regarding economic disadvantage and pain and suffering.

Court Disposition

Appeal allowed

Orders

  • Verdict and judgment for plaintiff set aside
  • Verdict and judgment for plaintiff entered in the sum of $187,204.81 to take effect from 1 April 1987