SMITH v RAY [1995] NSWCA 436

SMITH v RAY [1995] NSWCA 436

The amount awarded for future economic loss, equating to approximately $50 per week over forty years for a person with a fifteen per cent disability of the right leg, was not excessive for an unskilled worker, and does not exceed the bounds of proper judgment.

Parties
Appellant: Smith; Respondent: Ray
Jurisdiction
Australia
Judgment Date
04 December 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Assessment of Damages, Future Economic Loss
Damages Personal Injury Assessment of Damages Future Economic Loss

Case Brief

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Parties

Smith

Appellant

Ray

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the amount awarded for future economic loss was excessive

Ratio Decidendi

The amount awarded for future economic loss, equating to approximately $50 per week over forty years for a person with a fifteen per cent disability of the right leg, was not excessive for an unskilled worker, and does not exceed the bounds of proper judgment.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs on indemnity basis as and from 1 August 1995.
  • Appellant awarded costs of cross-appeal on usual basis up to and including the date upon which it was withdrawn.