Damages – Personal Injury

Appellate review of an award of non-economic loss

By robertsheldon / June 26, 2019 / Comments Off on Appellate review of an award of non-economic loss

White v Redding [2019] NSWCA 152 Non-economic loss Relevant statutes and legal principles At common law, general damages for pain and suffering resulting from personal injury were “almost entirely [a] matter of impression and of common sense, and [were] only subject to review in very special cases” (Miller v Jennings [1954] HCA 65; (1954) 92…

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Vicissitudes and life expectancy

By robert / July 31, 2018 / Comments Off on Vicissitudes and life expectancy

Section 13 of the Civil Liability Act 2002 (NSW) applies to damages for future economic loss both in respect of “future earning capacity” and “other events on which the award is to be based”. The latter category includes damages for future attendant care, lawn mowing, gardening and handyman services, and future medical expenses. Sub-section (2)…

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Pre-existing medical conditions, aggravation and the burden of proof

By robert / February 18, 2018 / Comments Off on Pre-existing medical conditions, aggravation and the burden of proof

TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of fact and damages dismissed

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Compensation to relatives act: apportionable claim?

By robert / April 7, 2017 / Comments Off on Compensation to relatives act: apportionable claim?

 

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Challenges to non-economic loss awards

By robert / January 12, 2017 / 0 Comments
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Exemplary damages: general principles and criminal penalty

By robert / November 24, 2016 / Comments Off on Exemplary damages: general principles and criminal penalty

Cheng v Farjudi [2016] NSWCA 316 Principles [49] Because, as her Honour observed, the usual rule is that exemplary damages are not awarded where a person has been subject to a criminal sanction, I have found it appropriate to re-visit the principles governing such an award than might otherwise be necessary, those principles being well established.…

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Domestic assistance, need, pets and hobbies

By robert / November 3, 2016 / Comments Off on Domestic assistance, need, pets and hobbies

Teuma and Anor v C P and P K Judd Pty Ltd [2007] NSWCA 166 [48] Mr Harben relied on Geaghan v D’Aubert (2002) 36 MVR 542 where Stein JA (with whom Handley JA and Foster AJA agreed) held that Griffiths v Kerkemeyer (1977) 139 CLR 161 services did not include the provision of care to an injured person’s pets or a hobby: see at…

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Principles of damages for loss of economic capacity in personal injury cases

By Robert Sheldon / December 14, 2015 / Comments Off on Principles of damages for loss of economic capacity in personal injury cases
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S 5E Civil Liability Act, Watts v Rake and Purkess v Crittenden

By Robert Sheldon / November 29, 2015 / Comments Off on S 5E Civil Liability Act, Watts v Rake and Purkess v Crittenden
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