QLDQCA
Campbell v Jones & Anor [2002] QCA 332
[2002] QCA 332
Court of Appeal (Qld)|2002-09-03|Before: McMurdo P, Fryberg and Mullins JJ, Joint reasons for, judgment of Fryberg and Mullins JJ, separate reasons of McMurdo P, dissenting, in, part
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Source factsCourt
Court of Appeal (Qld)
Decision date
2002-09-03
Before
McMurdo P, Fryberg and Mullins JJ, Joint reasons for, judgment of Fryberg and Mullins JJ, separate reasons of McMurdo P
Catchwords
- APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES –
- EXCESSIVE OR INADEQUATE DAMAGES – GENERAL PRINCIPLES
- –PERSONAL
- INJURY OR DEATH CASES – where respondent injured in car accident –
Source
Original judgment source is linked above.
Catchwords
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES –EXCESSIVE OR INADEQUATE DAMAGES – GENERAL PRINCIPLES–PERSONALINJURY OR DEATH CASES – where respondent injured in car accident –where liability not in issue –where primary judge found respondentsuffered significant impairment of her capacity to engage in employment –where primaryjudge preferred opinion evidence of one of two orthopaedicsurgeons – where finding open – whether primary judge erredinassessment of general damages, damages for future economic loss and damages forgratuitous services.EVIDENCE – ADMISSIBILITY AND RELEVANCY –IN GENERAL – OTHER – where primary judge admitted witness evidenceas to gratuitous services – where respondent did not claim she requiredgratuitous services in statement of loss and damage– whether primaryjudge erred in giving leave to admit evidence under r 548 (4)(c)UCPREVIDENCE - ADMISSIBILITY AND RELEVANCY – IN GENERAL