SIMSON and ANOTHER v HAZELWOOD [1998] NSWCA 210

SIMSON and ANOTHER v HAZELWOOD [1998] NSWCA 210

The findings of fact regarding the accident and condition of the forklift were open to the trial judge on the evidence and should not be disturbed; further, the assessment of damages for past and future economic loss was reasonable and appropriate given the evidence and the plaintiff’s mitigation attempts.

Parties
Appellant: Simson; Respondent: Hazelwood
Jurisdiction
Australia
Judgment Date
29 September 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Assessment of Economic Loss, Appeals, Findings of Fact
Tort Law Damages Assessment of Economic Loss Appeals Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

Simson

Appellant

Hazelwood

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge's findings of fact regarding the cause of the accident should be set aside
  2. 2 Whether the assessment of damages for past and future economic loss was erroneous

Ratio Decidendi

The findings of fact regarding the accident and condition of the forklift were open to the trial judge on the evidence and should not be disturbed; further, the assessment of damages for past and future economic loss was reasonable and appropriate given the evidence and the plaintiff’s mitigation attempts.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Appellants to pay respondent's costs of the appeal, and as from 30 April 1998, those costs are to be on an indemnity basis.