Perish v C and M Micaleff

In *Perish v C and M Micaleff* [1988] NSWCA 112, the New South Wales Court of Appeal considered a dispute between the appellant, Perish, and the respondents, C and M Micaleff. The case concerned an appeal against a decision of the District Court.

The primary legal issue before the Court of Appeal was whether the District Court had erred in its assessment of damages awarded to the appellant. Specifically, the court had to determine if the damages awarded for loss of earning capacity were adequate and properly calculated, and whether the judge had correctly applied the relevant principles of law in making that assessment.

The Court of Appeal reviewed the evidence presented at trial regarding the appellant's injuries and their impact on his future earning capacity. The court applied established principles for assessing damages for loss of earning capacity, which involve considering the appellant's pre-injury earning capacity, the likelihood of future employment, and the impact of the injury on that capacity. The court found that the District Court judge had made no error in law or fact in assessing the damages.

Consequently, the appeal was dismissed, and the orders of the District Court were affirmed.