TURNER V. REIBEL

TURNER V. REIBEL

Although the damages awarded were low, they were not so inadequate as to justify appellate interference, as the trial judge had regard to all relevant matters, including the appellant's pre-existing conditions and future prospects.

Source-derived case information.

Parties
Appellant: Turner; Respondent: Reibel
Jurisdiction
Australia
Judgment Date
16 August 1960
Procedural Posture
Appeal / Judgment After Appeal Hearing
Outcome
appeal dismissed
Legal Topics
Personal Injury, Assessment of Damages, Appeals in Damages Cases
Torts Personal Injury Assessment of Damages Appeals in Damages Cases

Source-derived case record

Summary, issues, holding and outcome

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Parties

Turner

Appellant

Reibel

Respondent

Procedural Posture

Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the general damages awarded to the appellant were inadequate
  2. 2 Whether the trial judge erred in the assessment of damages by failing to find permanent incapacity or by not accounting for all injuries

Ratio Decidendi

Although the damages awarded were low, they were not so inadequate as to justify appellate interference, as the trial judge had regard to all relevant matters, including the appellant's pre-existing conditions and future prospects.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.