Muir, R.W. v Gomez, R. & Anor [1986] FCA 603

Muir, R.W. v Gomez, R. & Anor [1986] FCA 603

On the material before the trial judge, there was no demonstrated error in the methods used to assess past and future economic loss, nor was the overall award shown to be manifestly too low. The determinations made were matters for the trial judge within the evidence and the proper exercise of judicial intuition and discretion.

Parties
Appellant: Robert William Muir; First Respondent: Rosita Gomez; Second Respondent: Alexander Salvador Gomez
Jurisdiction
Australia
Judgment Date
05 December 1986
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Economic Loss, Assessment of Damages, Appeals on Quantum
Damages Personal Injury Economic Loss Assessment of Damages Appeals on Quantum

Case Brief

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Parties

Robert William Muir

Appellant

Rosita Gomez

First Respondent

Alexander Salvador Gomez

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Were the damages awarded by the trial judge for past and future economic loss manifestly inadequate?
  2. 2 Did the trial judge err in the method of assessment for economic loss?

Ratio Decidendi

On the material before the trial judge, there was no demonstrated error in the methods used to assess past and future economic loss, nor was the overall award shown to be manifestly too low. The determinations made were matters for the trial judge within the evidence and the proper exercise of judicial intuition and discretion.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondents' costs.