Tag: non-economic loss

  • Carretero v Ioannidis (No 3)

    Carretero v Ioannidis (No 3) [2026] NSWCA 71 (2) The House v The King standard of appellate review is applicable as regards an assessment of non-economic loss as it would be wholly artificial to describe the exercise as one in which there is only one legally correct answer or a unique outcome: [68].Minister for Immigration…

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  • 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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  • Personal injuries damages – appeal

    DAMAGES – personal injury – non-economic loss – whether the primary judge made a wholly erroneous estimate of the damages suffered – use of earlier decisions of courts for the purpose of establishing an appropriate award – Civil Liability Act 2002 (NSW), s 17A DAMAGES – personal injury – past and future economic loss –…

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