STAVROULAKIS v JEWELL [1993] NSWCA 255

STAVROULAKIS v JEWELL [1993] NSWCA 255

The award of general damages, although on the high side, was within the discretionary range open to the trial judge and not manifestly or absurdly excessive; appellate intervention was unwarranted.

Parties
Appellant: Stavroulakis; Respondent: Jewell
Jurisdiction
Australia
Judgment Date
05 November 1993
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
General Damages, Motor Vehicle Accident, Appeal on Quantum
Damages Personal Injuries General Damages Motor Vehicle Accident Appeal on Quantum

Case Brief

Summary, issues, holding and outcome

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Parties

Stavroulakis

Appellant

Jewell

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award of general damages was manifestly excessive so as to warrant appellate intervention

Ratio Decidendi

The award of general damages, although on the high side, was within the discretionary range open to the trial judge and not manifestly or absurdly excessive; appellate intervention was unwarranted.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed.
  • The appellant must pay the respondent's costs.