Walden v Black

The appeal in *Walden v Black* concerned a wrongful death claim brought by the appellant, Mr. Walden, following the death of his wife. The primary dispute revolved around the assessment of damages awarded by Judge English in the District Court of New South Wales. Mr. Walden sought to challenge the judge's findings regarding the value of domestic, farming, and professional services his late wife had provided, and the estimated future services she would have rendered.

The Court of Appeal was required to determine whether the primary judge had made a reviewable error in her assessment of damages. This involved considering the reliability of the evidence presented, particularly in light of the time elapsed between the hearing and the delivery of judgment, and whether the judge's adverse credit findings were justified. The court also had to assess whether any errors constituted a miscarriage of justice or a breach of natural justice, and whether a new trial was warranted.

The Court of Appeal allowed the appeal, finding that the primary judge had erred in her assessment of damages. The court set aside the original judgment and ordered a new trial specifically on the issue of damages. The reasoning focused on the difficulties in assessing damages when significant time has passed between the evidence being heard and judgment being delivered, and the potential for appellate courts to intervene where credit findings appear to be based on insufficient grounds or where a miscarriage of justice has occurred. The appellant was awarded costs of the appeal, with a certificate under the Suitor's Fund Act 1951 available if applicable.