Basyouni Pty Limited v McKenzie

Basyouni Pty Limited appealed to the Court of Appeal of New South Wales against a decision of the District Court. The dispute concerned the quantum of damages awarded to the respondent, Mr McKenzie, following a motor vehicle accident. The appeal did not raise any question of legal principle.

The Court of Appeal was required to determine whether the damages awarded by the District Court were excessive, thereby constituting an error of law. The appellant contended that the quantum of damages awarded was demonstrably too high.

Priestley JA and Davies AJA dismissed the appeal. Their Honours found no error in the District Court's assessment of damages, concluding that the award was within the bounds of what could be reasonably awarded in the circumstances. The appeal was therefore dismissed with costs.