QLDQCA
Tector v FAI General Insurance Co Ltd [2000] QCA 426
[2000] QCA 426
Court of Appeal (Qld)|2000-10-17|Before: McMurdo P, Pincus JA, White JSeparate reasons for judgment of each, member of the Court Pincus JA and White J concurring as to the orders made, McMurdo P dissenting, in part
View original sourceAt a glance
Source factsCourt
Court of Appeal (Qld)
Decision date
2000-10-17
Before
McMurdo P, Pincus JA, White JSeparate reasons for judgment of each, member of the Court Pincus JA and White J concurring as to the orders made, McMurdo P dissenting
Catchwords
- DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT
- – MEASURE OF DAMAGES – PERSONAL INJURIES –
- METHOD OF
- ASSESSMENT – GENERALLY – whether assessment of damages for past
Source
Original judgment source is linked above.
Catchwords
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT– MEASURE OF DAMAGES – PERSONAL INJURIES –METHOD OFASSESSMENT – GENERALLY – whether assessment of damages for pasteconomic loss, future economic loss and pain,suffering and the loss ofamenities of life was manifestly excessive and beyond the limits of a sounddiscretionary judgmentDAMAGES – MEASURE AND REMOTENESS OF DAMAGESIN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES –LOSS OF EARNINGS AND EARNING CAPACITY – LEGAL PRINCIPLES – whetherlearned trial judge applied correct test in assessmentof damages in respect ofpast economic loss and loss of future earning capacityCalder v BoyneSmelters Limited [1991] 1 Qd R 325, considered Elford v FAI GeneralInsurance Company Limited [1994] 1 Qd R 258, followedMalec v JCHutton Pty Ltd [1990] HCA 20(1990) 169 CLR 638, applied
Judgment
Judgment text is temporarily unavailable while the source document is re-fetched.