GHINIS v PIZZARO [1995] NSWCA 170
The trial judge erred in failing to find a causal connection between the appellant’s psychiatric illness and the motor vehicle accident where the unchallenged psychiatric evidence pointed to such a connection and there was no psychiatric evidence tendered in reply. The error went to the root of the judgment, necessitating that the orders be set aside and a new trial ordered.
- Parties
- Appellant: Ghinis; Respondent: Pizzaro
- Jurisdiction
- Australia
- Judgment Date
- 04 December 1995
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal allowed
- Legal Topics
- Assessment of Damages, Causation, New Trial
Case Brief
Summary, issues, holding and outcome
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Parties
Ghinis
Appellant
Pizzaro
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred in finding no causal connection between the appellant's psychiatric illness and the motor vehicle accident
- 2 Whether the assessment of damages was in error based on unsupported findings of fact
Ratio Decidendi
The trial judge erred in failing to find a causal connection between the appellant’s psychiatric illness and the motor vehicle accident where the unchallenged psychiatric evidence pointed to such a connection and there was no psychiatric evidence tendered in reply. The error went to the root of the judgment, necessitating that the orders be set aside and a new trial ordered.
Court Disposition
Appeal allowed
Orders
- Orders below set aside
- New trial ordered
Full Case Text
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