Hall v State of New South Wales

In *Hall v State of New South Wales*, the Court of Appeal of New South Wales considered an appeal concerning the assessment of damages for non-economic loss in a personal injury claim. The appellant, Mr Hall, challenged the primary judge's determination that his injuries warranted an award of 25% of a most extreme case under section 16 of the *Civil Liability Act 2002* (NSW).

The central legal issue before the Court of Appeal was whether the primary judge erred in assessing the appellant's non-economic loss at 25% of a most extreme case. This required the Court to consider the principles governing the assessment of damages for non-economic loss, particularly in relation to the threshold and severity of injury contemplated by section 16 of the *Civil Liability Act 2002* (NSW).

The Court of Appeal affirmed the principles applicable to the assessment of damages for non-economic loss, emphasising that the assessment involves a degree of judgment and that the primary judge's assessment was open to them on the evidence. The Court found no error in the primary judge's application of the relevant legal principles and their factual findings. Consequently, the appeal was dismissed.