Drobek v Braun

The Supreme Court of New South Wales, Court of Appeal, heard an appeal between Drobek (the appellant) and Braun (the respondent). The dispute concerned the quantum of damages awarded to the respondent in a previous judgment.

The primary legal issue before the Court of Appeal was whether the original judgment had adequately compensated the respondent for their losses. Specifically, the court had to determine if the assessed damages were sufficient, or if an increase was warranted based on the evidence presented.

Meagher JA and Cole AJA found that the original judgment had underestimated the respondent's losses. They reasoned that the evidence supported a higher award, leading them to increase the judgment amount. The court also ordered that the appellant pay the respondent's costs on a solicitor and client basis, reflecting the nature of the compromise reached in excess of the final judgment sum.