Lendvay v Loxley

In *Lendvay v Loxley*, the applicant sought leave to appeal against a decision of the District Court of New South Wales. The dispute concerned an award of damages for the loss of sight in one eye sustained by the respondent during surgery. The applicant contended that the damages awarded were outside the limits of a sound exercise of discretion by the primary judge.

The central legal issue before the Court of Appeal was whether the primary judge had erred in their assessment of damages. Specifically, the court was required to determine if the quantum of damages awarded for the loss of sight was so excessive as to demonstrate an error in the exercise of discretion, thereby justifying the grant of leave to appeal.

The Court of Appeal, comprising Mason P and Fitzgerald JA, considered the grounds for the application for leave to appeal. After reviewing the material before them, their Honours concluded that the damages awarded were not outside the bounds of a sound exercise of discretion. Consequently, the court found no arguable error in the primary judge's assessment that would warrant granting leave to appeal.

Leave to appeal was therefore refused.