Lewis v Kenair Seaplanes P/L

Case

[2004] NSWCA 416

12 November 2004


Details
AGLC Case Decision Date
Lewis v Kenair Seaplanes P/L [2004] NSWCA 416 [2004] NSWCA 416 12 November 2004

CaseChat Overview and Summary

In *Lewis v Kenair Seaplanes P/L*, the plaintiff sought leave to appeal to the Court of Appeal of New South Wales against an award of $272,713 in damages for personal injury. The plaintiff contended that this award was insufficient and sought to raise a claim for an additional $50,906.

The primary legal issue before the court was whether the plaintiff had demonstrated reasonable prospects of success on appeal. This required the court to consider whether there was a demonstrable error in the original assessment of damages that would warrant appellate intervention.

Giles and Bryson JJA refused the plaintiff's application for leave to appeal. Their Honours found that the plaintiff had not shown that there were reasonable prospects of appellate intervention. The court also refused an extension of time to apply for leave to cross-appeal.
Details

Areas of Law

  • Negligence & Tort

  • Civil Procedure

Legal Concepts

  • Damages

  • Appeal

  • Remedies

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

0

Diamond v Simpson (No 1) [2003] NSWCA 67