COLIN BRENCHLEY v CHRIS KOKKINIS CHRIS KOKKINIS v COLIN BRENCHLEY [1989] NSWCA 25
The trial judge's finding that the assault occurred was supported by credible medical evidence and not undermined by contrary witnesses; there was no error in the finding that no probable causal link existed between the assault and the plaintiff's psoriasis; the exemplary damages awarded were not so low as to require appellate intervention.
- Parties
- Plaintiff/respondent/cross Appellant: Colin Brenchley; Defendant/appellant/cross Respondent: Chris Kokkinis
- Jurisdiction
- Australia
- Judgment Date
- 20 June 1989
- Procedural Posture
- Civil / Appeal and Cross Appeal
- Outcome
- Appeal and cross-appeal dismissed
- Legal Topics
- Assault, Damages, Causation, Exemplary Damages
Case Brief
Summary, issues, holding and outcome
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Parties
Colin Brenchley
Plaintiff/respondent/cross Appellant
Chris Kokkinis
Defendant/appellant/cross Respondent
Procedural Posture
Civil / Appeal and Cross Appeal
Legal Issues
- 1 Whether the defendant assaulted the plaintiff on 21 March 1975
- 2 Whether there was a causal link between the assault and plaintiff's subsequent condition of psoriasis
- 3 Whether the amount of exemplary damages was inadequate
Ratio Decidendi
The trial judge's finding that the assault occurred was supported by credible medical evidence and not undermined by contrary witnesses; there was no error in the finding that no probable causal link existed between the assault and the plaintiff's psoriasis; the exemplary damages awarded were not so low as to require appellate intervention.
Court Disposition
Appeal and cross-appeal dismissed
Orders
- Appeal dismissed with costs
- Cross-appeal dismissed with costs
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