Nemeth v Westfield Shopping Centre Co Management Pty Ltd

The appeal concerned an assessment of damages for personal injury. The appellant, Ms. Nemeth, sought to appeal a decision of the trial judge concerning the quantum of damages awarded against the respondents, Westfield Shopping Centre Co Management Pty Ltd and others. The appeal was heard in the Court of Appeal of New South Wales by Meagher and Barrett JJA.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in assessing the appellant's non-economic loss on a wrong factual basis, and whether the trial judge had correctly concluded that the appellant's diminished earning capacity would not result in economic loss. The Court noted that these issues did not raise questions of principle.

The Court of Appeal granted leave to appeal but ultimately dismissed the appeal. The reasoning of the Court, as indicated by the dismissal of the appeal on issues not raising questions of principle, suggests that the trial judge's factual findings regarding the assessment of both non-economic and economic loss were upheld. The appellant was ordered to pay the respondents' costs of the proceedings in the Court of Appeal.