Diamond v Simpson (No 1)

Diamond (the appellant) appealed to the Court of Appeal of New South Wales against an assessment of damages awarded to Simpson (the first respondent) in a personal injuries action. The dispute concerned the quantum of damages awarded to Simpson, particularly in relation to claims for gratuitous services provided by charitable institutions.

The Court of Appeal was required to determine the correct approach to assessing damages in a personal injuries claim, specifically considering the relevance of an award being particularly high. It also had to consider the principles applicable to claims for gratuitous services rendered by charitable institutions, and the application of the principles of proportionality and reasonableness to various heads of damages.

The Court of Appeal allowed the appeal, setting aside the original order of Whealy J except as to costs. It substituted a verdict for the first respondent for $10,998,692. The court ordered that the first respondent repay any sum received in excess of this amount, with interest. The cross-appeal was dismissed with costs, and the question of the costs of the appeal was stood over.