Maestrale v Aspite

The appeal in *Maestrale v Aspite* concerned an award of damages and costs made by a trial judge. The appellant, Mr. Maestrale, had brought proceedings against the respondents, Mr. and Mrs. Aspite, and the court was required to determine the appropriate measure of damages and the consequential costs order.

The primary legal issues before the appellate court were whether the trial judge had erred in her assessment of damages, particularly concerning the deductibility of collateral benefits and the evaluation of future possibilities. Furthermore, the court had to consider whether the trial judge's adverse credibility findings were sound and whether the costs order made at trial was appropriate, departing from the general rule that costs follow the event.

The appellate court found that the trial judge had erred in her assessment of damages by incorrectly allowing a deduction for a collateral benefit that arose from a private arrangement, which was not deductible. The court also found that the trial judge had made an error in her approach to assessing future probabilities. Consequently, the appeal was allowed, the original award of damages was set aside, and a revised sum of $273,298 was awarded to the appellant, together with pre-judgment interest. The costs order made at trial was also set aside, and the respondents were ordered to pay the appellant's costs of both the trial and the appeal.