SHIELD V. CONOMOS AND OTHERS

SHIELD V. CONOMOS AND OTHERS

The award of general damages was not so inadequate as to be beyond the limits of what a sound discretionary judgment could reasonably adopt. The appellant failed to establish any error justifying appellate interference.

Parties
Appellant: Shield; Respondents: Conomos and Others
Jurisdiction
Australia
Judgment Date
14 December 1961
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Personal Injury, Assessment of Damages, Appeal on Quantum of Damages
Tort Law Personal Injury Assessment of Damages Appeal on Quantum of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Shield

Appellant

Conomos and Others

Respondents

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the general damages awarded to the appellant were manifestly inadequate.
  2. 2 Whether the trial judge made findings unsupported by evidence, leading to underestimation of the plaintiff’s injuries.

Ratio Decidendi

The award of general damages was not so inadequate as to be beyond the limits of what a sound discretionary judgment could reasonably adopt. The appellant failed to establish any error justifying appellate interference.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.