Coates v Carter [1951] HCA 30

APP 2 PPE FYB 49. ALTA BE, Afhat Bp. $43.72 nek. oor

82 C.L.R.] OF AUSTRALIA. 537

[HIGH COURT OF AUSTRALIA.]

COATES . . 5 . ' : 4 APPELLANT ; PLaINtIrr, AND CARTER . i ' . 5 . Responpent. Drrenpant,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Damages—Pecuniary loss from personal injury—Damages awarded by jury— H.C. ov A. Inadequate—Unreasonable—New trial generally. 1951. i Se Sypyey, April 24, 26;

Tf an appellate court arrives at the conclusion that an award of damages is so small as to be unreasonable then, prima facie, the verdict should be set aside and a new trial ordered, either of the whole action or limited to

the assessment of damages. June 14. In an action to recover damages for injuries caused by the respondent's Hix.

ige: i as a injuri vere very seri —involving Webb, Fullagar negligence it was shown that the injuries were very serious—involving three Webb, Fullaga

fractures of the lower jaw, the loss of some teeth, difficulty in fitting dentures and disfigurement—and were permanent in character ; that they had inflicted much pain and suffering; and that mastication disabilities would probably have a prejudicial effect upon the appellant's health. The jury correctly assessed the special damages, but awarded the sum of £310 only for general damages, actual and potential, including pain and suffering.

Held that the sum awarded as general damages was, in the circumstances, so inadequate as to entitle the appellant to a new trial.

Decision of the Supreme Court of New South Wales (Full Court) reversed.

Appnat from the Supreme Court of New South Wales.

An action was brought in the Supreme Court of New South Wales by Richard Coates against Ndward George Harcourt Carter to recover damages in the sum of £5,000 for injuries, pain and suffering sustained by the plaintiff and the loss consequent upon those injuries which he alleged arose from a collision between a