Shiels v Manny

Case

[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.
Details

Areas of Law

  • Civil Procedure

  • Negligence & Tort

Legal Concepts

  • Appeal

  • Damages

  • Costs

  • Standing

Actions
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Cases Citing This Decision

14

Manny v Shiels [2022] ACTCA 22
Sawires v Price [2022] NSWDC 390
Cases Cited

12

Statutory Material Cited

0

P v Manny [2010] ACTSC 50
Hearne v Street [2008] HCA 36