TOWNER v TOWNER [1995] NSWCA 473
The original award for future economic loss was inadequate due to failure to properly consider uncontroverted evidence regarding the plaintiff's injuries and permanent disablement impacting future earning capacity.
- Parties
- Appellant: Towner; Respondent: Towner
- Jurisdiction
- Australia
- Judgment Date
- 06 March 1995
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- appeal allowed
- Legal Topics
- Damages, Personal Injury, Quantum of Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Towner
Appellant
Towner
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the award of $10,000 for future economic loss was inadequate given the plaintiff's injuries and earning capacity
Ratio Decidendi
The original award for future economic loss was inadequate due to failure to properly consider uncontroverted evidence regarding the plaintiff's injuries and permanent disablement impacting future earning capacity.
Court Disposition
appeal allowed
Orders
- Appeal allowed with costs.
- Judgment below set aside and in lieu thereof judgment entered for the plaintiff for $125,100.
Full Case Text
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