Suresh v Jacon Industries Pty Ltd
Case
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[2007] NSWCA 317
•30 October 2007
Details
AGLC
Case
Decision Date
Suresh v Jacon Industries Pty Ltd [2007] NSWCA 317
[2007] NSWCA 317
30 October 2007
CaseChat Overview and Summary
The appeal concerned an assessment of damages in a dispute between Suresh and Jacon Industries Pty Ltd. The matter came before the Court of Appeal of New South Wales.
The primary legal issue before the court was whether the assessment of damages awarded to the respondent, Jacon Industries Pty Ltd, was demonstrably incorrect, thereby providing grounds for an appeal.
The court considered the principles governing appeals against the assessment of damages, particularly where the appellant sought to challenge the quantum awarded. Basten JA, with whom Mason P agreed, found no error in the assessment, leading to the dismissal of the appeal. Mason P also made additional remarks concerning the appeal.
The appeal was dismissed with costs.
The primary legal issue before the court was whether the assessment of damages awarded to the respondent, Jacon Industries Pty Ltd, was demonstrably incorrect, thereby providing grounds for an appeal.
The court considered the principles governing appeals against the assessment of damages, particularly where the appellant sought to challenge the quantum awarded. Basten JA, with whom Mason P agreed, found no error in the assessment, leading to the dismissal of the appeal. Mason P also made additional remarks concerning the appeal.
The appeal was dismissed with 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
Actions
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Most Recent Citation
Suresh v WD Hunt and Associates (No 2) [2015] NSWSC 1089
Cases Cited
4
Statutory Material Cited
2
Suresh v Jacon Industries Pty Ltd
[2005] NSWCA 202
Malec v JC Hutton Pty Ltd
[1990] HCA 20
Malec v JC Hutton Pty Ltd
[1990] HCA 20