Murdoch v Davis

The appeal in *Murdoch v Davis* concerned an award of damages arising from a motor vehicle accident. The appellant, Ms Murdoch, sought to challenge the quantum of damages awarded by the trial judge, arguing that the amounts were manifestly insufficient given the nature and severity of her injuries. The respondent was Mr Davis. The appeal was heard by McClellan CJ at CL and Handley AJA.

The central legal issues before the appellate court were whether the general damages awarded for Ms Murdoch's physical and psychological problems were manifestly inadequate, and whether the amounts awarded for economic loss, domestic assistance, future costs of medication, and superannuation were also insufficient.

The court considered the evidence presented regarding the appellant's injuries and their impact on her life. After reviewing the evidence and the trial judge's findings, the court concluded that the damages awarded were not manifestly insufficient. The reasoning applied involved a careful assessment of the evidence in relation to each head of damage claimed, and a determination that the trial judge had not erred in principle or made an assessment that was demonstrably wrong.

The appeal was accordingly dismissed, and the appellant was ordered to pay the costs of the appeal.