NSW Caselaw
New South Wales Court of Appeal
CITATION: Jopling v Isaac [2006] NSWCA 299
HEARING DATE(S): 13 October 2006
JUDGMENT DATE: 7 November 2006
JUDGMENT OF: McColl JA at 1; Basten JA at 2; McDougall J at 5
DECISION: Appeal dismissed with costs on the indemnity basis
CATCHWORDS: DAMAGES - basis of appellate review of awards of damages - whether damages awarded for non-economic loss, past economic loss and future economic loss were manifestly excessive
LEGISLATION CITED: Civil Liability Act 2002
House v The King (1936) 55 CLR 499 Dell v Dalton (1991) 23 NSWLR 528 Franklins Limited v Byrnes [2005] NSWCA 54 Graham v Baker (1961) 106 CLR 340 Khan v Polyzois [2006] NSWCA 59 CASES CITED: Malec v J. C. Hutton Pty Limited (1990) 169 CLR 638 Owners - Strata Plan 156 v Gray [2004] NSWSC 304 Precision Plastics Pty Ltd v Demir (1975) 132 CLR 362 Sellars v Adelaide Petroleum N.L. (1992) 179 CLR 332 Southgate v Waterford (1990) 21 NSWLR 427 State of New South Wales v Moss (2000) 54 NSWLR 536
PARTIES: Margaret Jopling (Appellant) Clinton Isaac (Respondent)
FILE NUMBER(S): CA 40066/06
COUNSEL: S G Campbell SC (Appellant) D W Elliott (Respondent)
SOLICITORS: Moray & Agnew (Appellant) Gerard Malouf & Partners (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2971/04
LOWER COURT JUDICIAL OFFICER: McLoughlin SC DCJ
LOWER COURT DATE OF DECISION: 17/01/06
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
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