Webster v Richards

Webster (appellant) appealed against a judgment of the District Court of New South Wales awarding damages to Richards (respondent) for personal injuries sustained in a motor vehicle accident. The primary dispute concerned the extent to which the respondent's injuries were attributable to the accident, particularly in light of a pre-existing condition, and the quantum of damages awarded.

The appeal required the court to determine whether the damages awarded by the trial judge were excessive. This involved assessing the trial judge's findings regarding the respondent's credibility and the extent to which the appellant had discharged the onus of proving that the respondent's pre-existing condition was not aggravated or exacerbated by the accident.

The Court of Appeal, comprising Santow JA and Basten JA, dismissed the appeal. Their Honours found no error in the trial judge's assessment of the respondent's credibility and concluded that the appellant had failed to establish that the damages awarded were demonstrably excessive. The court upheld the trial judge's findings on the factual issues relating to causation and the impact of the accident on the respondent's pre-existing condition. The appeal was dismissed, with directions given for the filing of submissions regarding costs.