ROBERTSON v DARCY [1993] NSWCA 239

ROBERTSON v DARCY [1993] NSWCA 239

The trial judge's acceptance of the respondent's evidence, and medical support for ongoing pain and disability, justified the damages assessment; the award for future earning capacity, though small, was open to the judge on the evidence; the interest calculation, though erroneous per later authority, was not challenged at trial and thus not disturbed on appeal.

Parties
Appellant: Robertson; Respondent: Darcy
Jurisdiction
Australia
Judgment Date
03 November 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Assessment of General Damages, Impairment of Future Earning Capacity, Interest Calculation on Damages
Damages Personal Injury Assessment of General Damages Impairment of Future Earning Capacity Interest Calculation on Damages

Case Brief

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Parties

Robertson

Appellant

Darcy

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award of $60,000 for general damages was excessive given the evidence of the respondent's injury
  2. 2 Whether the award for impairment of future earning capacity was justified in light of respondent's pre-existing disabilities
  3. 3 Whether the interest was calculated on an appropriate basis

Ratio Decidendi

The trial judge's acceptance of the respondent's evidence, and medical support for ongoing pain and disability, justified the damages assessment; the award for future earning capacity, though small, was open to the judge on the evidence; the interest calculation, though erroneous per later authority, was not challenged at trial and thus not disturbed on appeal.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.
  • Costs to be assessed on an indemnity basis since 15 December 1992.