An award of $225,000 for general damages for permanent numbness of the tongue and associated physical and psychological consequences was manifestly excessive when compared with the range of awards for serious injuries including quadriplegia and paraplegia. A trial judge assessing damages for loss of future earning capacity based on a 'lost chance' must provide basic reasons identifying the starting point, the degree of probability, and the discounts applied, rather than simply stating a lump sum figure. Where both parties consent, the Court of Appeal will be 'less chary' of exercising its power to re-assess damages under s 14 of the Supreme Court Act 1986 (Vic).
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