NSW Caselaw
New South Wales Court of Appeal
CITATION: Bombala Council v Coombes [2008] NSWCA 40
HEARING DATE(S): 11 March 2008
JUDGMENT DATE: 11 March 2008
JUDGMENT OF: Mason P at [1] [37] [38] [40]; Hodgson JA at [36] [39]
EX TEMPORE JUDGMENT DATE: 11 March 2008
1. Appeal allowed in part. DECISION: 2. Vary the verdict and judgment made and entered on 18 May 2007 by substituting the sum of $235,945.83 for $267,416.74. 3. Otherwise confirm the costs order at first instance. 4. As to the costs of the appeal there is no order as to the costs up to 7 November 2007 but that thereafter the appellant should pay the respondent's costs of the appeal on an indemnity basis.
CATCHWORDS: TORT – Negligence – Personal injuries – Appeal as to quantum of damages – Whether error by primary judge shown – Adjustment of past economic loss.
LEGISLATION CITED: Civil Liability Act s13(1)
CATEGORY: Principal judgment
CASES CITED: Coombes v RTA [2006] NSWCA 229
PARTIES: BOMBALA COUNCIL (Appellant) Annemarie COOMBES (Respondent)
FILE NUMBER(S): CA 40373/07
COUNSEL: G J HICKEY (Appellant) H J MARSHALL SC/ E BEILBY (Respondent)
SOLICITORS: DLA Phillips Fox (Appellant) Beilby Poulden Costello (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 2269/02
LOWER COURT JUDICIAL OFFICER: JOHNSTONE DCJ
LOWER COURT DATE OF DECISION: 15 May 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40373/07
MASON P HODGSON JA
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