Shiels v Manny
Case
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[2012] ACTCA 22
•21 May 2012
Details
AGLC
Case
Decision Date
Shiels v Manny [2012] ACTCA 22
[2012] ACTCA 22
21 May 2012
CaseChat Overview and Summary
In *Shiels v Manny*, the appellant, Shiels, appealed to the Court of Appeal of the Supreme Court of New South Wales against a decision of a trial judge concerning damages awarded in a dispute between the parties. The appeal sought to overturn or vary the quantum of damages awarded by the trial judge.
The primary legal issue before the Court of Appeal was whether the trial judge had erred in assessing the damages awarded to the respondent. Specifically, the court was required to determine if the quantum of damages for the "matter first complained of" was an appropriate assessment, and if not, what the correct assessment should be. The court also considered an application by Judith Leslie Shiels to be joined as an appellant.
The Court of Appeal allowed the appeal in part, finding that the trial judge's award of $20,000 for the matter first complained of was insufficient. The court substituted this amount with a judgment of $50,000, thereby increasing the damages awarded to the respondent. The remainder of the appellant's appeal was dismissed, and the application to join Judith Leslie Shiels as an appellant was refused. The parties were granted leave to file written submissions regarding costs.
The primary legal issue before the Court of Appeal was whether the trial judge had erred in assessing the damages awarded to the respondent. Specifically, the court was required to determine if the quantum of damages for the "matter first complained of" was an appropriate assessment, and if not, what the correct assessment should be. The court also considered an application by Judith Leslie Shiels to be joined as an appellant.
The Court of Appeal allowed the appeal in part, finding that the trial judge's award of $20,000 for the matter first complained of was insufficient. The court substituted this amount with a judgment of $50,000, thereby increasing the damages awarded to the respondent. The remainder of the appellant's appeal was dismissed, and the application to join Judith Leslie Shiels as an appellant was refused. The parties were granted leave to file written submissions regarding costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Negligence & Tort
Legal Concepts
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Appeal
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Damages
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Costs
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Standing
Actions
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Citations
Shiels v Manny [2012] ACTCA 22
Most Recent Citation
James G Oberg (Sales) Pty Ltd v Oberg [2012] FCA 722
Cases Citing This Decision
14
Manny v Australian Postal Corporation; Manny v Commonwealth; Manny v University of Canberra
[2025] ACTCA 24
Manny v Shiels
[2022] ACTCA 22
Sawires v Price
[2022] NSWDC 390