Foong v Ghaly; Foong v McLellan

The appellant, representing herself, alleged injury from two motor vehicle accidents. Liability for both accidents was admitted in the District Court, where the appellant was awarded $1,250 in damages for each incident. The appellant appealed these decisions.

The central legal issue before the Court of Appeal was whether the District Court judge had erred in assessing the damages awarded to the appellant. The appellant contended that the damages awarded were inadequate, suggesting a misapplication of legal principles or factual error in the assessment.

The Court of Appeal found no error in the District Court's assessment of damages. The judges were satisfied that the District Court judge had properly considered the evidence before her and applied the correct legal principles in determining the quantum of damages. Consequently, the appellant failed to demonstrate any error of law or fact that would warrant intervention by the appellate court.

The appeals and applications for leave to appeal were dismissed, with the appellant ordered to pay the respondents' costs.