HARRISON v NEDERLOF [1991] NSWCA 146

HARRISON v NEDERLOF [1991] NSWCA 146

The original award for general damages, future economic loss, and future expenses was excessive and not adequately supported by the findings and evidence; appropriate lesser substituted sums were ordered.

Parties
Plaintiff: URJ Harrison; Defendant: Nederlof
Jurisdiction
Australia
Judgment Date
13 November 1991
Procedural Posture
Motor Vehicle Accident Damages Assessment / Appeal From District Court to Court of Appeal
Outcome
Appeal allowed. Judgment varied and substituted at $45,791.12. Costs orders made.
Legal Topics
Damages Assessment, Personal Injury—quantum, Motor Vehicle Accident
Torts Personal Injury Damages Assessment Personal Injury—quantum Motor Vehicle Accident

Case Brief

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Parties

URJ Harrison

Plaintiff

Nederlof

Defendant

Procedural Posture

Motor Vehicle Accident Damages Assessment / Appeal From District Court to Court of Appeal

Legal Issues

  1. 1 Whether the damages assessment by the trial judge for pain and suffering, scarring, future economic loss and future expenses was excessive or supported by the evidence
  2. 2 How general damages and heads of damages should be apportioned

Ratio Decidendi

The original award for general damages, future economic loss, and future expenses was excessive and not adequately supported by the findings and evidence; appropriate lesser substituted sums were ordered.

Court Disposition

Appeal allowed. Judgment varied and substituted at $45,791.12. Costs orders made.

Orders

  • Appeal allowed.
  • Judgment of trial judge set aside.