SINCLAIR V. SULLIVAN

SINCLAIR V. SULLIVAN

The trial judge was entitled to accept Dr. Paver's evidence as to the respondent's ability to work, and the award was not so excessive as to warrant interference by the appellate court.

Parties
Applicant: Sinclair; Respondent: Sullivan
Jurisdiction
Australia
Judgment Date
18 November 1969
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs

Case Brief

Summary, issues, holding and outcome

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Parties

Sinclair

Applicant

Sullivan

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the trial judge was entitled to accept Dr. Paver's evidence in its entirety
  2. 2 Whether the verdict was excessive in regard to the injuries suffered

Ratio Decidendi

The trial judge was entitled to accept Dr. Paver's evidence as to the respondent's ability to work, and the award was not so excessive as to warrant interference by the appellate court.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs