Maynard v Dabinett

Maynard (the appellant) appealed to the Court of Appeal of New South Wales against a judgment of the District Court awarding damages to Dabinett (the respondent) in the sum of $318,776.00. The dispute concerned the assessment of those damages.

The primary legal issue before the Court of Appeal was whether the reasons provided by the District Court judge for the assessment of damages were sufficient in law. Specifically, the court considered whether the reasons demonstrated that the judge had paid adequate attention to the critical evidence and the basis for the critical findings made, and whether they explained the fundamental reasons for the conclusion reached.

The Court of Appeal held that while reasons for assessing damages need not be lengthy or elaborate, nor address every matter raised, they must show attention to critical evidence and the basis of critical findings, and explain the fundamental reasons for the conclusion. In this instance, the court found that the reasons provided by the District Court judge did not meet this standard. Consequently, the appeal was allowed, the judgment for damages was set aside, and the proceedings were remitted to the District Court for a rehearing limited to the assessment of damages. The order for the costs of the trial was to stand, and the respondent was to have a certificate under the Suitors Fund Act if qualified.