Dawson v Selby

The appeal in *Dawson v Selby* concerned a claim for damages for personal injuries arising from a motor vehicle accident. The primary dispute revolved around whether the appellant, the plaintiff in the original proceedings, had suffered any compensable loss as a result of the accident, despite negligence having been established. The matter came before the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the trial judge had erred in failing to make specific findings of fact and provide adequate reasons for the conclusion that no damages were awarded to the plaintiff, despite finding negligence on the part of the defendant. This failure raised questions about the proper application of principles relating to the assessment of damages in negligence claims and the requirements for judicial reasoning.

The Court of Appeal found that the trial judge's judgment was deficient in its lack of articulated findings and reasons, particularly concerning the assessment of damages. The absence of a clear explanation for why no damages were awarded, despite the finding of negligence, meant that the appellate court could not properly review the decision. Consequently, the Court determined that a retrial was necessary to ensure that the plaintiff's claim for damages was properly considered and determined according to law. The appeal was allowed in part, with orders for a retrial.