Francesco Mastronardi v Edward Markham Kennedy (t/as Mark Kennedy & Co) and John Turnbull [2001] NSWCA 354

Francesco Mastronardi v Edward Markham Kennedy (t/as Mark Kennedy & Co) and John Turnbull [2001] NSWCA 354

The appellant would have failed in any action brought against the airline; medical evidence did not raise more than a possibility of a connection between the yoghurt and the illness; no loss of value resulted from respondents' failure to advise about the limitation period.

Jurisdiction
Australia
Judgment Date
05 October 2001
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['professional Negligence' 'limitation Periods' 'causation' 'evidence' 'medical Evidence']
['torts' 'negligence'] ['professional Negligence' 'limitation Periods' 'causation' 'evidence' 'medical Evidence']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether respondents were professionally negligent in failing to advise appellant about limitation period' 'Whether appellant suffered loss due to failure to advise' 'Whether appellant would have succeeded in original action against airline' 'Causation between yoghurt consumption and illness']

Ratio Decidendi

The appellant would have failed in any action brought against the airline; medical evidence did not raise more than a possibility of a connection between the yoghurt and the illness; no loss of value resulted from respondents' failure to advise about the limitation period.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']