Adam Troy v Aldo Salucci

The Supreme Court of New South Wales, Court of Appeal, considered an application for leave to appeal concerning the quantum of damages awarded for non-economic loss in a motor accident claim. The applicant, Adam Troy, sought to appeal a decision made under section 79A of the *Motor Accidents Act*. The respondent was Aldo Salucci.

The primary legal issue before the Court of Appeal was whether the primary judge had erred in assessing the quantum of damages for non-economic loss. This involved determining if the award was demonstrably too low, thereby warranting appellate intervention.

The Court of Appeal, in dismissing the summons for leave to appeal, implicitly found that there were no sufficient grounds to grant leave. This suggests that the Court was not satisfied that there was a reasonably arguable case of error in the primary judge's assessment of damages, nor that the appeal had any real prospect of success. The Court applied the principles governing applications for leave to appeal, requiring a demonstration of error or a substantial question of law to be raised.

The summons for leave to appeal was dismissed with costs.