Gaundar v Hogan

[2014] ACTCA 4

ACT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Appeal
2. › Damages assessment
3. › Personal injury
4. › Whether appellate court should interfere with damages award
5. › Whether wholly erroneous estimate of damages
6. › Whether error of principle or misapprehension of facts
1. Appeal
2. › Adequacy of reasons
3. › Personal injury damages
4. › Whether insufficiency of reasons alone warrants setting aside judgment
5. › Whether error must be shown
6. › Whether reasons to be read in context of trial as a whole
1. Damages
2. › Personal injury
3. › Past economic loss
4. › Assessment of lost earning capacity
5. › Whether primary judge erred in assessment of period and quantum of past loss
1. Damages
2. › Personal injury
3. › Future economic loss
4. › Assessment of impairment of earning capacity
5. › Whether award for total incapacity for five years followed by partial incapacity for 30 years was within appropriate range

Quick Take

A trial judge's reasons for a personal injury damages assessment are to be read in the context of the trial as a whole, including the evidence and submissions; apparent gaps in findings or reasoning may disappear when so read. Insufficiency of reasons alone will not lead to setting aside a judgment — error must still be demonstrated. An appellate court will not interfere with a damages assessment unless satisfied the judge made a wholly erroneous estimate or acted on error of principle or misapprehension of facts.