Field v Close

The appeal in *Field v Close* concerned an assessment of damages awarded to the plaintiff, Mr. Close, against the defendant, Mr. Field. The matter came before the New South Wales Court of Appeal, constituted by Meagher and Giles JJA.

The primary legal issue before the Court of Appeal was whether the primary judge's assessment of the heads of damages fell within the proper exercise of judicial discretion. The parties did not contend that any question of principle was involved in the assessment.

The Court of Appeal found that the primary judge had erred in certain aspects of the damages assessment. While the precise nature of the errors is not detailed in the provided text, the Court determined that the overall assessment was outside the acceptable range of discretion. Consequently, the appeal was allowed in part, and the judgment below was set aside.

In lieu of the original judgment, the Court of Appeal ordered that judgment be entered for the plaintiff for the sum of $315,952.35. The cross-appeal was dismissed, and the defendant was ordered to pay the plaintiff's costs of the two limbs of the appeal.