Vlado Majetic and Katrina Majetic v Steven Novosel and Megan Rowe No. SCGRG 90/1178 Judgment No. 3881 Number of Pages 9 Appeal Inadequate Damages

Case

[1993] SASC 3881

25 March 1993


Details
AGLC Case Decision Date
Vlado Majetic and Katrina Majetic v Steven Novosel and Megan Rowe No. SCGRG 90/1178 Judgment No. 3881 Number of Pages 9 Appeal Inadequate Damages [1993] SASC 3881 [1993] SASC 3881 25 March 1993

CaseChat Overview and Summary

The appeal in this case involves Vlado and Katrina Majetic, a husband and wife who operated an electrical contracting business, seeking damages arising from an accident involving Vlado on March 7, 1985. Liability for the accident was undisputed. The Supreme Court Master had assessed their damages, which the appellants found to be manifestly inadequate. The central issues before the court were the adequacy of the awards for economic and non-economic losses and the lump sum interest, as well as the Master's finding that Vlado did not have a psychiatric condition preventing him from working. The court found that the Master's decision was inconsistent with the evidence and that the cut-off date for damages was improperly set four years before the assessment date. The court held that the damages awarded for economic and non-economic loss and lump sum interest were manifestly inadequate and allowed the appeal. The court reassessed the damages, increasing the awards significantly and allowing the appeal in its entirety. The final orders were that the male appellant be paid $82,299.20 and $14,500.00 to Mrs. Majetic.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Limitation Periods

  • Breach of Contract

  • Breach of Trust

  • Unjust Enrichment

  • Res Judicata

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Most Recent Citation
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Cases Cited

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Statutory Material Cited

0

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