Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298

Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298

The appellant did not establish that the trial judge made any error of principle or fact in assessment of damages, nor that diminished earning capacity was or may be productive of financial loss. The judge's acceptance of medical opinions and factual findings were open on the evidence and do not indicate any error warranting appellate intervention.

Jurisdiction
Australia
Judgment Date
09 September 2013
Procedural Posture
Appeal / Leave to Appeal and Hearing of Appeal
Outcome
Leave to appeal granted; appeal dismissed; costs awarded to respondents
Legal Topics
['assessment of Damages' 'non Economic Loss' 'economic Loss' 'contributory Negligence' 'personal Injury' 'gratuitous Domestic Assistance']
['damages' 'personal Injury Law'] ['assessment of Damages' 'non Economic Loss' 'economic Loss' 'contributory Negligence' 'personal Injury' 'gratuitous Domestic Assistance']

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Procedural Posture

Appeal / Leave to Appeal and Hearing of Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in assessment of non-economic loss for personal injury' "Whether the trial judge erred in findings as to the duration of the appellant's physical and psychological injuries" 'Whether the trial judge erred in concluding that diminished earning capacity would not be productive of economic loss' 'Proper assessment and basis for damages under the Civil Liability Act 2002']

Ratio Decidendi

The appellant did not establish that the trial judge made any error of principle or fact in assessment of damages, nor that diminished earning capacity was or may be productive of financial loss. The judge's acceptance of medical opinions and factual findings were open on the evidence and do not indicate any error warranting appellate intervention.

Court Disposition

Leave to appeal granted; appeal dismissed; costs awarded to respondents

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed.' "Appellant to pay respondents' costs of the proceedings in this Court."]