New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Damages


   

  1. 21/12/2016
    Damages: whether primary judge erred in assessing damages for past and future loss of earning capacity; whether net income of the comparator properly assessed for the purpose of assessing damages

    Toll Pty Ltd v Harradine  [2016] NSWCA 374
  2. 16/12/2016
    Damages: Compensation to Relatives Act 1897 (NSW) s 4; quantification of damages; value of deceased’s domestic services; quantification of domestic services after sons ceased to be dependent; whether to discount the value of domestic services performed by deceased to reflect the fact that some such services were performed for his own benefit; whether actual error demonstrated
     

    Norris v Routley; Routley v Norris  [2016] NSWCA 367
  3. 16/12/2016
    Damages: Compensation to Relatives Act 1897 (NSW) s 4; quantification of damages; quantification of deceased’s consumption of household income; application of Luntz standard consumption percentages; evidence that deceased had frugal consumption habits; evidence that household income would increase; Luntz percentages adopted by expert witnesses; discretionary judgment; whether actual error demonstrated
     

    Norris v Routley; Routley v Norris  [2016] NSWCA 367
  4. 28/11/2016
    Damages: nuisance; whether damage was structural or cosmetic; damages for underpinning; no evidence of that cost; damages for demolition and rebuilding; no evidence of that cost
     

    Museth v Windsor Country Golf Club Ltd  [2016] NSWCA 327
  5. 21/11/2016
    Damages: out-of-pocket expenses; award made for future out-of-pocket expenses; whether proper basis in evidence for award
     

    Cheng v Farjudi  [2016] NSWCA 316
  6. 21/11/2016
    Damages: out-of-pocket expenses; award made for future out-of-pocket expenses; whether proper basis in evidence for award
    Cheng v Farjudi  [2016] NSWCA 316
  7. 21/11/2016
    Damages: exemplary damages; whether trial judge erred in awarding exemplary damages; basis for award of exemplary damages; conduct has been subject to sanction by the criminal law; whether “substantial punishment”; whether separate basis existed for award of exemplary damages – conduct of civil proceedings after plea of guilty; whether conduct of civil proceedings formed appropriate basis for award of exemplary damages
     

    Cheng v Farjudi  [2016] NSWCA 316
  8. 09/11/2016
    Damages: loss of chance; proof of loss of valuable commercial opportunity depends on what appellant and other negotiating party would have done; whether proved on balance of probabilities that lost a valuable opportunity by reason of director’s breach of duty
     

    Hart Security Australia Pty Ltd v Boucousis  [2016] NSWCA 307
  9. 19/10/2016
    Damages: whether primary Judge erred in assessing damages for future economic loss; whether primary Judge applied the principles stated in Malec v JC Hutton Pty Ltd (1990) 169 CLR 638; [1990] HCA 20
    Maureen Townsend v Phillip O’Donnell  [2016] NSWCA 288
  10. 05/08/2016
    Damages: whether the claimants were entitled to recover the whole of the “licence fee” paid by them; absence of findings to justify recovery of the whole licence fee.
    Choo v Zhang  [2016] NSWCA 193