Trustees of the Roman Catholic Church for the Diocese of Sydney v Hogan

The Trustees of the Roman Catholic Church for the Diocese of Sydney (appellants) appealed to the Court of Appeal of New South Wales against a jury award of damages granted to Mr Hogan (respondent) in an action for negligence. The dispute concerned injuries sustained by Mr Hogan when a teacher, employed by the appellants, allegedly negligently strapped him. The jury had awarded a significant sum for general damages.

The Court of Appeal was required to determine whether the jury's award of general damages was excessive to the extent that it should be reassessed. A further issue was whether, pursuant to section 107 of the *Supreme Court Act*, a new trial, if ordered, should be restricted to any particular head of damage.

The Court of Appeal found that the jury's award for general damages was demonstrably excessive and could not stand. Applying the principles for reassessment of damages, the Court concluded that it was appropriate to substitute its own assessment for the jury's award. The Court also determined that, in the circumstances, a new trial limited to a specific head of damage was not warranted, and the appeal should be allowed to the extent of reassessing the general damages.