FYNA CONSTRUCTIONS (NSW) PTY LTD v SESAR [1995] NSWCA 160

FYNA CONSTRUCTIONS (NSW) PTY LTD v SESAR [1995] NSWCA 160

The trial judge gave adequate and appropriate reasons for preferring Dr Chuchkovich's evidence to Dr Lucire's, and for the critical finding that the injury in May was a cause of the psychiatric condition; thus no error of law was shown.

Parties
Appellant: Fyna Constructions (NSW) Pty Ltd; Respondent: Ivan Sesar
Jurisdiction
Australia
Judgment Date
03 May 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Psychiatric Injury, Total Incapacity, Error of Law, Award of Weekly Compensation
Workers Compensation Psychiatric Injury Total Incapacity Error of Law Award of Weekly Compensation

Case Brief

Summary, issues, holding and outcome

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Parties

Fyna Constructions (NSW) Pty Ltd

Appellant

Ivan Sesar

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the primary judge failed to give sufficient reasons for preferring one medical opinion over another and for finding that the injury caused the psychiatric condition leading to total incapacity

Ratio Decidendi

The trial judge gave adequate and appropriate reasons for preferring Dr Chuchkovich's evidence to Dr Lucire's, and for the critical finding that the injury in May was a cause of the psychiatric condition; thus no error of law was shown.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.
  • No special order as to indemnity costs.