Mallah v Keti

The appeal concerned a claim for damages for personal injuries arising from a motor vehicle accident. The appellant, Mallah, was the plaintiff in the original proceedings, and the respondent, Keti, was the defendant. The dispute centred on the adequacy of the damages awarded to Mallah by the trial judge. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the damages awarded to the appellant were so inadequate as to warrant intervention on appeal. This required the court to consider the application of section 79A of the *Motor Accidents Act 1988* (NSW) in assessing the quantum of damages, particularly in relation to the appellant's injuries and their impact.

The Court of Appeal found that the damages awarded were demonstrably inadequate, having regard to the evidence presented at trial and the principles governing the assessment of damages for personal injury. The court applied established legal principles concerning the assessment of economic and non-economic loss, concluding that the trial judge had erred in his assessment of the appellant's future economic loss and general damages.

Consequently, the appeal was allowed. The Court of Appeal set aside the original judgment and ordered a new trial on the issue of damages.