THOMPSON v SOUTHWELL [1996] NSWCA 531

THOMPSON v SOUTHWELL [1996] NSWCA 531

The findings and assessments of the trial judge were supported by the uncontradicted medical evidence, including the extent and permanence of the plaintiff's injuries, and were within the proper discretionary range. The appellant failed to establish any error justifying intervention.

Parties
Appellant: Thompson; Respondent: Southwell
Jurisdiction
Australia
Judgment Date
15 May 1996
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs on an indemnity basis from 21 April 1996.
Legal Topics
Assessment of Damages, Non Economic Loss, Future Earning Capacity, Section 79 Motor Accidents Act 1988
Damages Personal Injury Motor Vehicle Accidents Assessment of Damages Non Economic Loss Future Earning Capacity Section 79 Motor Accidents Act 1988

Case Brief

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Parties

Thompson

Appellant

Southwell

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in assessing non-economic loss
  2. 2 Whether the trial judge erred in assessing future earning capacity and out of pocket expenses

Ratio Decidendi

The findings and assessments of the trial judge were supported by the uncontradicted medical evidence, including the extent and permanence of the plaintiff's injuries, and were within the proper discretionary range. The appellant failed to establish any error justifying intervention.

Court Disposition

Appeal dismissed with costs on an indemnity basis from 21 April 1996.

Orders

  • Appeal dismissed with costs.
  • Such costs to be on an indemnity basis from 21 April 1996.