WILKINSON V. MAREK

WILKINSON V. MAREK

The jury was entitled to prefer the respondent's testimony and assessment of the evidence. The appellant's arguments and circumstantial evidence did not reach a threshold justifying appellate interference. The damages were not such as to justify setting aside the verdict.

Parties
Appellant: Wilkinson; Respondent: Marek
Jurisdiction
Australia
Judgment Date
01 June 1961
Procedural Posture
Appeal / Decision
Outcome
appeal dismissed with costs
Legal Topics
Negligence, Personal Injuries, Damages, New Trial Applications
Tort Law Negligence Personal Injuries Damages New Trial Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Wilkinson

Appellant

Marek

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Whether the verdict of the jury was against the evidence and the weight of evidence
  2. 2 Whether the amount of damages awarded was excessive

Ratio Decidendi

The jury was entitled to prefer the respondent's testimony and assessment of the evidence. The appellant's arguments and circumstantial evidence did not reach a threshold justifying appellate interference. The damages were not such as to justify setting aside the verdict.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs