Acorn Computers Ltd & anor v MCS Microcomputer Systems Pty ltd & anor [1984] FCA 399

Acorn Computers Ltd & anor v MCS Microcomputer Systems Pty ltd & anor [1984] FCA 399

The award for past and future economic loss was excessive as it did not sufficiently discount for the respondent's real employment prospects considering his age, pre-existing degenerative spinal condition, and the state of the building industry; a reduction of $30,000 was warranted. The award for general damages and the refusal to make a separate award for future medical or pharmaceutical expenses were within proper judicial discretion.

Parties
Appellant: Richard Broers; Appellant: Hans Hoogvliet; Respondent: Peter Misossiou
Jurisdiction
Australia
Judgment Date
14 November 1984
Procedural Posture
Appeal / Reasons for Judgment on Appeal From Assessment of Damages After Interlocutory Judgment
Outcome
Appeal allowed; judgment varied by reducing amount; respondent to pay appellants' costs; respondent to have a certificate under the Federal Proceedings (Costs) Act 1981.
Legal Topics
Assessment of Damages, Economic Loss, General Damages, Future Economic Loss, Personal Injury, Pre Existing Condition, Employability, Discount Factors in Damages
Torts Personal Injury Assessment of Damages Economic Loss General Damages Future Economic Loss Pre Existing Condition Employability +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Richard Broers

Appellant

Hans Hoogvliet

Appellant

Peter Misossiou

Respondent

Procedural Posture

Appeal / Reasons for Judgment on Appeal From Assessment of Damages After Interlocutory Judgment

Legal Issues

  1. 1 Whether the trial judge erred in assessing damages for economic loss and general damages following a personal injury;
  2. 2 Whether the sums awarded for past and future economic loss were excessive;
  3. 3 Whether the respondent’s back pain was disabling and attributable to the accident;

Ratio Decidendi

The award for past and future economic loss was excessive as it did not sufficiently discount for the respondent's real employment prospects considering his age, pre-existing degenerative spinal condition, and the state of the building industry; a reduction of $30,000 was warranted. The award for general damages and the refusal to make a separate award for future medical or pharmaceutical expenses were within proper judicial discretion.

Court Disposition

Appeal allowed; judgment varied by reducing amount; respondent to pay appellants' costs; respondent to have a certificate under the Federal Proceedings (Costs) Act 1981.

Orders

  • Appeal allowed.
  • Order of Kelly J. varied by substituting the amount of the judgment with $144,019.55.