DANKA DUROVIC v DR ROBERT ZABOW [2002] NSWCA 195

DANKA DUROVIC v DR ROBERT ZABOW [2002] NSWCA 195

The appeal was dismissed because the trial judge was entitled to find that the appellant exaggerated the consequences of the respondent's admitted negligence, to rely on credibility concerns arising from inconsistent histories, the failure to call a treating psychiatrist, and the Parliament House incident, and to assess damages on the basis that the tort caused significant but less severe adjustment disorder than claimed. No error of principle, inadequate reasons, or appealable error in the quantum of compensatory damages was shown.

Jurisdiction
Australia
Judgment Date
26 June 2002
Procedural Posture
Medical Negligence Appeal Concerning Quantum of Damages / Application for Leave to Appeal and Appeal From District Court Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['quantum of Damages' 'psychiatric Injury' 'credibility Findings' 'appellate Review' 'causation' 'economic Loss' 'exemplary Damages']
['tort Law' 'medical Negligence' 'damages' 'civil Procedure'] ['quantum of Damages' 'psychiatric Injury' 'credibility Findings' 'appellate Review' 'causation' 'economic Loss' 'exemplary Damages']

Case Brief

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Procedural Posture

Medical Negligence Appeal Concerning Quantum of Damages / Application for Leave to Appeal and Appeal From District Court Judgment

Legal Issues

  1. 1 ["Whether the trial judge erred in assessing the appellant's credibility as a medical and testimonial historian." 'Whether the damages awarded for the consequences of admitted medical negligence were too low.' 'Whether the trial judge failed to provide adequate reasons.' 'Whether the trial judge erred by failing to treat the Parliament House incident as a causally independent subsequent event.']

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled to find that the appellant exaggerated the consequences of the respondent's admitted negligence, to rely on credibility concerns arising from inconsistent histories, the failure to call a treating psychiatrist, and the Parliament House incident, and to assess damages on the basis that the tort caused significant but less severe adjustment disorder than claimed. No error of principle, inadequate reasons, or appealable error in the quantum of compensatory damages was shown.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Leave to appeal granted.' 'Appeal dismissed with costs.']