Nominal Defendant v Diamond, Sharon [1978] FCA 120

Nominal Defendant v Diamond, Sharon [1978] FCA 120

Although the respondent suffered serious facial injuries, pain, embarrassment and permanent cosmetic and functional disabilities requiring a substantial award, the trial award of $45,000 for general damages treated the consequences as more adverse than the evidence justified and was wholly disproportionate to the occasion. A sum of $33,000 for pain, suffering and loss of amenities was reasonably adequate, producing a total judgment of $36,203.40 after adding the unchallenged special damages.

Jurisdiction
Australia
Judgment Date
26 October 1978
Procedural Posture
Personal Injury Damages Appeal Arising From Negligent Management of an Uninsured Motor Vehicle / Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia
Outcome
Appeal allowed; damages reduced.
Legal Topics
['general Damages' 'pain and Suffering' 'loss of Amenities' 'facial Disfigurement' 'excessive Damages' 'appellate Review of Damages']
['torts' 'personal Injury' 'damages' 'appellate Procedure'] ['general Damages' 'pain and Suffering' 'loss of Amenities' 'facial Disfigurement' 'excessive Damages' 'appellate Review of Damages']

Case Brief

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Procedural Posture

Personal Injury Damages Appeal Arising From Negligent Management of an Uninsured Motor Vehicle / Appeal From the Supreme Court of the Australian Capital Territory to the Federal Court of Australia

Legal Issues

  1. 1 ["Whether the trial judge's award of $45,000 for general damages for pain and suffering, loss of amenities and related effects was excessive." "Whether the award was wholly disproportionate to the respondent's injuries and disabilities so as to justify appellate intervention."]

Ratio Decidendi

Although the respondent suffered serious facial injuries, pain, embarrassment and permanent cosmetic and functional disabilities requiring a substantial award, the trial award of $45,000 for general damages treated the consequences as more adverse than the evidence justified and was wholly disproportionate to the occasion. A sum of $33,000 for pain, suffering and loss of amenities was reasonably adequate, producing a total judgment of $36,203.40 after adding the unchallenged special damages.

Court Disposition

Appeal allowed; damages reduced.

Orders

  • ['Appeal allowed.' 'Order of the Supreme Court of the Australian Capital Territory be varied by the substitution of the sum of $36,203.40 for the sum of $48,203.40.' "The respondent to pay the appellant's costs of the appeal."]