An appellate court reviewing a damages assessment must focus on whether the trial judge's ultimate findings were well based on the evidence, making due allowance for infelicities in the reasons of a busy trial judge. A carer's allowance under the Griffiths v Kerkemeyer principle (as modified by s 72 of the Motor Accidents Act 1988) must be supported by sufficiently precise evidence and findings; a lump sum 'cushion' of $50,000 was reduced to $25,000 where the evidence was imprecise and the trial judge made no findings as to the particular care required.
The full text is available to signed-in members, including the 1 later case that cites this judgment.