Herbert v Waters

In *Herbert v Waters* [1997] NSWCA 147, the New South Wales Court of Appeal considered a dispute between the appellant, Herbert, and the respondent, Waters. The case concerned an appeal against a judgment of the District Court of New South Wales.

The primary legal issue before the Court of Appeal was whether the District Court had erred in its assessment of damages awarded to the respondent. Specifically, the appeal questioned the quantum of damages awarded for a particular head of loss.

The Court of Appeal analysed the evidence presented at trial and the principles governing the assessment of damages in such cases. It applied established legal principles relating to the assessment of compensation for the loss suffered by the respondent, considering the nature of the claim and the evidence adduced. The Court ultimately found no error in the District Court's assessment and dismissed the appeal.