Maxwell-Smith v Warren

In *Maxwell-Smith v Warren*, the Court of Appeal of New South Wales considered an appeal concerning the assessment of damages awarded in the District Court. The dispute involved claims brought by the plaintiffs against the defendant.

The primary legal issues before the Court of Appeal were whether the assessment of damages was excessive and whether the damages had been assessed on an individual basis or jointly for the plaintiffs.

The Court of Appeal found that the damages awarded were excessive and that the District Court had erred in its assessment. The Court allowed the appeal, setting aside the previous judgments and orders. Consequently, the matter was remitted to the District Court for a new trial.