Exercise 008 | Law

Exercise 008

Damages: Cash Palace Emporium Pty Ltd & Anor v Bartholomew [1999] NSWCA 359 (29 September 1999)

click here to download this document
click here (AustLII link) to view the case

Easy questions

  1. How would you cite the case?
  2. What type of case was it (appellate, first instance, civil, criminal)?
  3. Were there previous proceedings?
  4. What court were the proceedings held in?
  5. What relief were the appellants seeking?
  6. Who was counsel for the respondent?
  7. What is the purpose and authority of the catchwords?
  8. Who was/were the judge/s?
  9. Was this a unanimous decision?
  10. Could the case be appealed further?
  11. Explain the following terms (using your legal dictionary):
    1. anor
    2. jurisdiction
    3. liability

More difficult questions

  1. What was the outcome of the case?
  2. What was/were the legal issue/s involved?
  3. What was the appellants' contention regarding the damages granted to the respondent?
  4. What was the trial judge's finding regarding the possibility of future employment for the respondent?
  5. What did the trial judge take into account regarding the respondent's physical and mental health prior to the accident?

Complex questions

  1. What were the adjustments made by the trial judge to the damages awarded in relation to 'vicissitudes'?
  2. What adjustments were made in relation to the respondent's limited employability to the damages awarded?
  3. What was Mason P's finding in relation to the award for non-economic losses?
  4. What was the major difficulty Mason P found with the appellants' case in relation to the respondent's physical disability?
  5. What were the three major reasons the appeal failed in relation to economic loss?
  6. What case law did Mason P make use of and to what end?