GREEN v McKAY [1991] NSWCA 128

GREEN v McKAY [1991] NSWCA 128

The majority (Mahoney JA, Handley JA concurring) held that the Master's award of $50,000 was not manifestly insufficient and was within the bounds of a sound discretion, given the nature of the injuries and the evidence. Appellate intervention is only warranted where such awards are outside the permissible range, which was not shown here. Kirby P (dissenting) considered the award too low but was in the minority.

Parties
Appellant: Ross Green; Respondent: Stephen McKay
Jurisdiction
Australia
Judgment Date
24 April 1991
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Damages, Personal Injury, Appellate Review
Tort Law Damages Personal Injury Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Ross Green

Appellant

Stephen McKay

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the award of $50,000 in general damages was manifestly inadequate for the appellant's injuries and loss of amenities of life
  2. 2 Whether the appellate court is authorised to reassess general damages awarded at trial

Ratio Decidendi

The majority (Mahoney JA, Handley JA concurring) held that the Master's award of $50,000 was not manifestly insufficient and was within the bounds of a sound discretion, given the nature of the injuries and the evidence. Appellate intervention is only warranted where such awards are outside the permissible range, which was not shown here. Kirby P (dissenting) considered the award too low but was in the minority.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.