SINGH v ILICH [1995] NSWCA 432

SINGH v ILICH [1995] NSWCA 432

The trial judge did not err in accepting the evidence regarding the plaintiff's limited earning capacity, nor in his assessment of damages for lost earnings and non-economic loss, as his findings were supported by the evidence and reasonable in circumstances.

Parties
Appellant: Singh; Respondent: Ilich
Jurisdiction
Australia
Judgment Date
30 March 1995
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Damages, Personal Injury, Economic Loss
Tort Law Damages Personal Injury Economic Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Singh

Appellant

Ilich

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in assessing damages for past and future economic loss and non-economic loss based on the plaintiff's incapacity to work
  2. 2 Whether the assessment of future loss of earning capacity was excessive
  3. 3 Whether the percentage for 'worst case scenario' applied was appropriate

Ratio Decidendi

The trial judge did not err in accepting the evidence regarding the plaintiff's limited earning capacity, nor in his assessment of damages for lost earnings and non-economic loss, as his findings were supported by the evidence and reasonable in circumstances.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs