NSW Caselaw
New South Wales Court of Appeal
CITATION : OWNERS- STRATA PLAN 156 v GRAY [2004] NSWCA 304 revised - 8/09/2004 HEARING DATE(S) : 13 August 2004 JUDGMENT DATE : 3 September 2004
JUDGMENT OF : Sheller JA at 1; Gzell J at 54 DECISION : 1. Appeal allowed; 2. Cross-appeal allowed; 3. The appellant within seven (7) days to file short minutes of orders. The parties within seven (7) days to file written submissions, if required, relating to costs and restitution.
CATCHWORDS : ASSESSMENT OF DAMAGES - injury to ankle - effect on employment and ability to play sport - whether damages awarded for non-economic loss, future economic loss, future domestic assistance and loss of future superannuation were manifestly excessive - meaning of 'most extreme case'. LEGISLATION CITED : Civil Liability Act 2002 Motor Accidents Act 1988 House v The King (1936) 55 CLR 499 CASES CITED : Kurrie v Azouri (1998) 28 MVR 406 Sharman v Evans (1977) 138 CLR 563 PARTIES : Owners - Strata Plan 156 - Appellant Deborah Elizabeth Gray - Respondent FILE NUMBER(S) : CA 40944/03 COUNSEL : I G Harrison SC/K E Poulos - Appellant J E Maconachie QC/D C Morgan - Respondent SOLICITORS : A R Connolly & Co - Appellant Steve Masselos & Co - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT 9895/02 FILE NUMBER(S) : LOWER COURT Graham DCJ JUDICIAL OFFICER :
- 35 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40944/03 DC 9895/00
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