BERNARDIN v COSTAIN AUSTRALIA LTD [1998] NSWCA 38

BERNARDIN v COSTAIN AUSTRALIA LTD [1998] NSWCA 38

The evidence was inherently contradictory regarding the cause of differential hearing loss between the appellant's ears, and there was no satisfactory explanation for the appellant's hearing loss being noise-induced; the trial judge was entitled not to be satisfied as to causation, and the appeal was dismissed.

Source-derived case information.

Parties
Appellant: Bernardin; Respondent: Costain Australia Ltd
Jurisdiction
Australia
Judgment Date
01 June 1998
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Negligence, Industrial Deafness, Causation
Tort Negligence Industrial Deafness Causation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bernardin

Appellant

Costain Australia Ltd

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant's hearing loss was caused by the respondent's negligence

Ratio Decidendi

The evidence was inherently contradictory regarding the cause of differential hearing loss between the appellant's ears, and there was no satisfactory explanation for the appellant's hearing loss being noise-induced; the trial judge was entitled not to be satisfied as to causation, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.