Tag: damages
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Dwight v Bouchier & Ors: undeclared income
Dwight v Bouchier & Ors [2003] NSWCA 3 51 His Honour’s approach in accepting the reality of the business is consistent with that of the High Court in Husher v Husher (1999) 197 CLR 138 at 147 – 149 regarding the assessment of lost earning capacity. In the joint judgment the following was said: 52…
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Dyldam Developments Pty Limited v Jones: economic loss
Dyldam Developments Pty Limited v Jones [2008] NSWCA 56 https://www.caselaw.nsw.gov.au/decision/549fe4d83004262463c29252 65 Mr King SC for Bricklaying submitted that the primary judge made errors in the calculation of economic loss. He submitted that, having regard to the income tax returns that were produced and the wages actually received prior to 20 February 2003, there was no…
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Matar v Jones: undeclared income
Matar v Jones [2011] NSWCA 304 15 … The overwhelming probabilities are in my view that, as he indicated when he gave evidence for the second time, the appellant did not disclose the lease payments for income tax purposes. 16 This is to the appellant's discredit but does not preclude him from recovering damages upon…
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AMP General Insurance Ltd. v. Kull & Anor: undeclared income
AMP General Insurance Ltd. v. Kull & Anor. [2005] NSWCA 442 69 Mr. Russell submitted there was a number of errors in the judgment of the primary judge concerning economic loss. The income declared in the tax returns was $4,000.00, not $8,000.00. The other income totalled $30,000.00 or $32,000.00, not $35,000.00. The primary judge did…
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Medical negligence
in Recent casesKwong v Abdulwahab [2016] NSWCA 107 APPEAL – civil – whether primary judge erred in findings of fact – challenge to findings of fact without foundation – findings of fact supported by evidence – no material errors made DAMAGES – negligent medical treatment – injury to plaintiff’s right hand – liability admitted – past…