ROVIS v ZULLO [1992] NSWCA 216

ROVIS v ZULLO [1992] NSWCA 216

The grounds for challenging the assessment of future loss of earning capacity are unfounded, as the calculations correctly reflect the respondent's possible earnings as a nursing aide and not her previous business involvement; therefore, the award stands and there is no basis to reassess interest.

Parties
Appellant: URJ Rovis; Respondent: Zullo
Jurisdiction
Australia
Judgment Date
10 August 1992
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Assessment of Damages, Future Loss of Earning Capacity, Interest on Damages
Damages Assessment of Damages Future Loss of Earning Capacity Interest on Damages

Case Brief

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Parties

URJ Rovis

Appellant

Zullo

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the award for future loss of earning capacity was excessive
  2. 2 Whether interest on past general damages should have been assessed using 2 per cent

Ratio Decidendi

The grounds for challenging the assessment of future loss of earning capacity are unfounded, as the calculations correctly reflect the respondent's possible earnings as a nursing aide and not her previous business involvement; therefore, the award stands and there is no basis to reassess interest.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs