Pirillo v Telstra Corporation Ltd

In *Pirillo v Telstra Corporation Ltd*, the New South Wales Court of Appeal considered an appeal concerning the assessment of damages for personal injury. The appellant, Pirillo, had brought proceedings against the respondent, Telstra Corporation Ltd, alleging personal injury.

The primary legal issue before the Court of Appeal was whether the damages awarded to the appellant were demonstrably inadequate, thereby justifying a new trial limited to the assessment of damages. This required the Court to scrutinise the original assessment and determine if it fell outside the bounds of what a reasonable jury could have awarded.

The Court of Appeal found that the damages awarded were so disproportionately low that they could not stand. Applying established principles for assessing damages in personal injury cases, the Court concluded that the jury's assessment was demonstrably against the weight of the evidence presented regarding the appellant's injuries and their consequences.

Consequently, the Court of Appeal ordered a new trial, but limited this to the issue of damages only.