STATE RAIL AUTHORITY OF NSW v CHARTAS [1996] NSWCA 498

STATE RAIL AUTHORITY OF NSW v CHARTAS [1996] NSWCA 498

The Court accepted that, following the High Court's decision in Marslan, the interest figure in the judgment sum must be reduced by $7975 and substituted a new judgment accordingly.

Parties
Appellant: State Rail Authority of NSW; Respondent: Chartas
Jurisdiction
Australia
Judgment Date
10 May 1996
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld
Legal Topics
Interest Calculation, Motor Accidents Act
Personal Injury Interest Calculation Motor Accidents Act

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

State Rail Authority of NSW

Appellant

Chartas

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the interest figure of $25,000 allowed pursuant to s 73 of the Motor Accidents Act should be adjusted

Ratio Decidendi

The Court accepted that, following the High Court's decision in Marslan, the interest figure in the judgment sum must be reduced by $7975 and substituted a new judgment accordingly.

Court Disposition

Appeal upheld

Orders

  • Judgment below set aside
  • Judgment in the sum of $107,827 and costs entered to take effect as at 20 April 1994