Christopher Daly v Anne O'Connell
Case
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[1999] NSWCA 177
•4 June 1999
Details
AGLC
Case
Decision Date
Christopher Daly v Anne O'Connell [1999] NSWCA 177
[1999] NSWCA 177
4 June 1999
CaseChat Overview and Summary
In *Christopher Daly v Anne O'Connell*, the appellant, Christopher Daly, appealed to the Court of Appeal of New South Wales against a judgment of $325,112 awarded to the respondent, Anne O'Connell. The dispute concerned the assessment of damages, specifically general damages and economic loss.
The Court of Appeal was required to determine whether the general damages awarded were a wholly erroneous proportion to a most extreme case, and whether there were errors in translating the findings in principle regarding economic loss into specific monetary figures.
Giles JA and Cole AJA allowed the appeal, finding that the original assessment of damages contained errors. They set aside the judgment of $325,112 and substituted it with a judgment of $226,523, to take effect from 27 February 1998. The respondent was ordered to pay the appellant's costs of the appeal and was granted a certificate under the Suitors Fund Act, provided she qualified.
The Court of Appeal was required to determine whether the general damages awarded were a wholly erroneous proportion to a most extreme case, and whether there were errors in translating the findings in principle regarding economic loss into specific monetary figures.
Giles JA and Cole AJA allowed the appeal, finding that the original assessment of damages contained errors. They set aside the judgment of $325,112 and substituted it with a judgment of $226,523, to take effect from 27 February 1998. The respondent was ordered to pay the appellant's costs of the appeal and was granted a certificate under the Suitors Fund Act, provided she qualified.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Negligence & Tort
Legal Concepts
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Damages
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Appeal
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Costs
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Remedies
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Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
0
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