STIEPEWICH v KOURA [1995] NSWCA 457

STIEPEWICH v KOURA [1995] NSWCA 457

No error was shown in the trial judge's assessment of damages for personal injuries. The findings regarding loss of earning capacity and general damages were supported by evidence, particularly Dr Evans's medical reports, and by consideration of the respondent's age, skills, and employment situation.

Parties
Appellant: Stiepewich; Respondent: Koura
Jurisdiction
Australia
Judgment Date
07 June 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Damages, Personal Injuries, Assessment of Damages, Motor Vehicle Accident
Tort Law Damages Personal Injuries Assessment of Damages Motor Vehicle Accident

Case Brief

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Parties

Stiepewich

Appellant

Koura

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for personal injuries arising from a motor vehicle collision
  2. 2 Whether the findings regarding loss of earning capacity and general damages were supported by the evidence

Ratio Decidendi

No error was shown in the trial judge's assessment of damages for personal injuries. The findings regarding loss of earning capacity and general damages were supported by evidence, particularly Dr Evans's medical reports, and by consideration of the respondent's age, skills, and employment situation.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs