Munday v Court

[2013] VSCA 279

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Negligence
2. › Transport accident
3. › Damages
4. › Assessment by jury
5. › Whether award of damages manifestly inadequate
6. › Whether verdict reasonably open on view of evidence most favourable to respondent
1. Appeal
2. › Jury verdict
3. › Standard of appellate review
4. › No reasons given by jury
5. › Appellate court must act on basis jury took view of evidence reasonably open and consistent with verdict
6. › Whether evidence compelled conclusion favourable to appellant
1. Practice and Procedure
2. › Trial by jury
3. › Charge to jury
4. › Direction to disregard references to insurer
5. › Whether direction improperly extended to relevant evidence on credit

Quick Take

A jury's assessment of damages in a personal injury case will not be disturbed on appeal where the plaintiff's credit was significantly challenged and the award, though modest, was within the range reasonably open on the evidence most favourable to the respondent. Where medical evidence depends on the plaintiff's self-reporting and the plaintiff's reliability as a historian is undermined, the jury is entitled to discount both the plaintiff's testimony and the medical opinions based upon it.