NSW Caselaw
New South Wales Court of Appeal
CITATION: Sretenovic v Reed [2009] NSWCA 280
HEARING DATE(S): 9 June 2009
JUDGMENT DATE: 7 September 2009
JUDGMENT OF: Beazley JA at 1; McColl JA at 2;
DECISION: 1. Appeal allowed. 2. Judgment of the Court below set aside. 3. The parties should bring in Short Minutes of Order within 14 days setting out the sum to be awarded to the respondent on the basis of the above reasons. 4. Respondent to pay the appellants' costs of the appeal.
CATCHWORDS: APPEAL – appeal – excessive damages – cost of future treatment and non-economic loss – review of conclusion as to plaintiff's psychological condition – whether findings of fact unsupported by evidence – whether primary judge applied personal opinion as to potential for recovery - JUDGES AND COURTS – judicial obligation to make findings of fact on proved evidence - EVIDENCE – medical evidence – assessment of psychological condition of witness – assessment based on inadequate evidence - DAMAGES – measure of damages in actions for tort – personal injuries – future economic loss – considerations for the assessment of future loss of earning capacity in the case of a minor – whether buffer should be awarded
Civil Liability Act 2002 (NSW) LEGISLATION CITED: Civil Procedure Act 2005 (NSW) Companion Animals Act 1998 (NSW) Supreme Court Act 1970 (NSW)
CATEGORY: Principal judgment
Abalos v Australian Postal Commission [1990] HCA 47; (1990) 171 CLR 167 Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 Halvorsen Boats Pty Ltd v Robinson (1993) 31 NSWLR 1 Hornsby Shire Council v King [2005] NSWCA 67 K-mart Australia Ltd v McCann [2004] NSWCA 283 Leichhardt Municipal Council v Montgomery [2005] NSWCA 432 CASES CITED: Penrith City Council v Parks [2004] NSWCA 201 Reed v Sretenovic & Anor [2008] NSWDC 202 State of New South Wales v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 Strinic v Singh [2009] NSWCA 15 Todorovic v Waller [1981] HCA 72; (1981) 150 CLR 402 Watts v Rake [1960] HCA 58; (1960) 108 CLR 158 Wynn Tresidder Management v Barkho [2009] NSWCA 149
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