Singh v Cooper

Singh v Cooper concerned an appeal from a decision of a single judge of the Supreme Court of the Australian Capital Territory regarding the assessment of damages for personal injury. The appellant, Mr. Singh, sought to challenge the quantum of damages awarded to the respondents, who had suffered injuries.

The central legal issues before the Full Court were whether the primary judge had erred in their assessment of damages, specifically concerning the inclusion of an award for the future provision of unpaid services and the method used to calculate future economic loss. The appellant argued that future economic loss should have been assessed on a purely arithmetical basis, rather than as a buffer, and questioned the overall adequacy of the damages awarded.

The Full Court, comprising Refshauge ACJ, Burns and Jagot JJ, found no error in the primary judge's assessment. Their Honours held that the primary judge had acted within their discretion in awarding damages for the future provision of unpaid services and in assessing future economic loss as a buffer. The court concluded that the appellant had failed to demonstrate any legal error in the primary judge's approach to the assessment of damages, finding the awards to be adequate.

Consequently, the appeal was dismissed. The appellant was ordered to pay the respondents’ costs, subject to a seven-day period for either party to apply for alternative orders regarding costs.