John Orford v Qi Ying He

John Orford (the appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court concerning damages awarded to Qi Ying He (the respondent) following a motor vehicle accident. The dispute centred on the assessment of damages, specifically the appellant's contention that the respondent's claim was statute-barred.

The primary legal issues before the Court of Appeal were whether the District Court had erred in its assessment of damages, particularly in relation to the respondent's claim for loss of a chance, and whether the appellant was entitled to raise a new issue concerning the limitation period on appeal.

The Court of Appeal dismissed the appeal, finding no error in the District Court's assessment of damages. The Court held that the appellant was not permitted to raise the issue of the limitation period for the first time on appeal, as it was a question of fact that should have been litigated at trial. Furthermore, the Court affirmed the District Court's approach to assessing the respondent's loss of a chance, applying established principles for such claims. The appeal was therefore dismissed with costs.