NSW Caselaw
PAPAS v PUGLIANO SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
Hope AP, SAMUELS and MAHONEY JJA 14 July 1988, 14 July 1988
[1988] NSWCA 110 Damages — quantum — no question of principle.
Samuels JA Mr Holt and Mr Grace have really said everything that could be advanced in respect of the appellant's case but I am afraid that still I can perceive no substance in the appeal.
Finlay J, before whom the trial came, has dealt with the facts in detail in his judgment and I really think no purpose would he served in traversing that material again. I can put my conclusions shortly.
It was not, I think, a generous assessment of damages and perhaps if I had been assessing the damages myself I would have awarded more. However, that is not the test. I cannot see any error in the assessment, that is to say I do not think it is so unreasonable or disproportionate to the injuries and consequences proved as to justify the intervention of this court.
That being the case, in my judgment the appeal should be dismissed with costs.
Hope AP | agree. Clarke JA I also agree.
SAMUELS JA: The appeal is dismissed with costs. COUNSEL:
APPELLANT- W J HOLT QC/R J GRACE RESPONDENT- A J J RENSHAW/J R YOUNG SOLICITORS:
APPELLANT- G H HEALEY & CO RESPONDENT- LEDGERWOOD & HEALEY
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