STARTARI V. LAIO

STARTARI V. LAIO

The original award of damages by the trial judge was 'inadequate for the very serious injury she suffered and its consequences,' and this justified the intervention and increase in damages by the appellate court given evidence of permanent intellectual disability, future institutionalisation, and loss of earning capacity.

Parties
Appellant: Startari; Respondent: Lato; Court Below: Supreme Court of South Australia
Jurisdiction
Australia
Judgment Date
24 November 1960
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed with costs.
Legal Topics
Damages Assessment, Negligence, Personal Injuries, Children
Personal Injury Torts Damages Assessment Negligence Personal Injuries Children

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Startari

Appellant

Lato

Respondent

Supreme Court of South Australia

Court Below

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the damages awarded to the plaintiff were inadequate given the nature and consequences of her injuries

Ratio Decidendi

The original award of damages by the trial judge was 'inadequate for the very serious injury she suffered and its consequences,' and this justified the intervention and increase in damages by the appellate court given evidence of permanent intellectual disability, future institutionalisation, and loss of earning capacity.

Court Disposition

Appeal allowed with costs.

Orders

  • Judgment of the Supreme Court of South Australia varied by substituting £8,204. 12s. 6d. for £5,204. 12s. 6d. wherever appearing.
  • Costs awarded to the appellant.