Hall v NSW

[2014] NSWCA 154

NSW Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Personal injury
3. › Non-economic loss
4. › Proportion of a most extreme case
5. › Challenge to primary judge's determination of 25%
6. › Applicable principles of appellate review
7. › Civil Liability Act 2002 (NSW), s 16
1. Appeal
2. › Standard of appellate review
3. › Assessment of non-economic loss under statute
4. › Whether assessment is finding of fact or exercise of discretion
5. › Whether House v The King or Warren v Coombes principles apply
6. › Civil Liability Act 2002 (NSW), s 16
1. Appeal
2. › Findings of fact
3. › Whether finding supported by evidence
4. › Finding that conclusion of litigation would 'greatly assist' plaintiff
5. › Whether evaluative finding influenced assessment of non-economic loss

Quick Take

The assessment of non-economic loss as a proportion of a most extreme case under s 16 of the Civil Liability Act 2002 (NSW) is a finding of fact, not an exercise of discretion. Appellate review is governed by Warren v Coombes (the appellate court may substitute its own view if satisfied the conclusion is erroneous), not House v The King (which requires identification of specific error in the exercise of discretion). However, in most cases the intrinsically imprecise nature of the statutory task means nothing will turn on the different formulation.