BYRNES v SARKISSIAN [1995] NSWCA 66

BYRNES v SARKISSIAN [1995] NSWCA 66

There was material upon which the trial judge could arrive at the decision regarding adjustment disorder and assessment of non-economic loss. Reservations about plaintiff's credibility did not require wholesale rejection of her evidence. No sufficient basis for appellate interference; findings and assessment were open to the trial judge.

Parties
Defendant/appellant: BYRNES; Plaintiff/respondent/cross Appellant: SARKISSIAN, Mrs S Sarkissian
Jurisdiction
Australia
Judgment Date
05 December 1995
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs; cross-appeal dismissed with costs.
Legal Topics
Assessment of Damages, Credibility of Witness, Motor Vehicle Accident, Psychiatric Injury, Non Economic Loss, Economic Loss
Personal Injury Assessment of Damages Credibility of Witness Motor Vehicle Accident Psychiatric Injury Non Economic Loss Economic Loss

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Parties

BYRNES

Defendant/appellant

SARKISSIAN, Mrs S Sarkissian

Plaintiff/respondent/cross Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether there was evidence of adjustment disorder at the time of trial
  2. 2 Whether the assessment of non-economic loss at 18% was justified
  3. 3 Whether there was continuing economic loss or diminished earning capacity

Ratio Decidendi

There was material upon which the trial judge could arrive at the decision regarding adjustment disorder and assessment of non-economic loss. Reservations about plaintiff's credibility did not require wholesale rejection of her evidence. No sufficient basis for appellate interference; findings and assessment were open to the trial judge.

Court Disposition

Appeal dismissed with costs; cross-appeal dismissed with costs.

Orders

  • Appeal dismissed with costs
  • Cross-appeal dismissed with costs