GHINIS v PIZZARO [1995] NSWCA 171

GHINIS v PIZZARO [1995] NSWCA 171

On the materials before the trial judge, the only reasonable conclusion was that there was a causal connection between the appellant's psychiatric condition and the motor vehicle accident, making the trial judge's finding in error.

Parties
Appellant: Ghinis; Respondent: Pizzaro
Jurisdiction
Australia
Judgment Date
04 December 1995
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
orders below set aside; new trial ordered; costs of appeal to be borne by respondent; costs of first trial to abide costs of second trial; respondent to have certificate under Suitors' Fund Act if entitled.
Legal Topics
Motor Vehicle Accident, Assessment of Damages, Causation, Psychiatric Injury
Personal Injury Motor Vehicle Accident Assessment of Damages Causation Psychiatric Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Ghinis

Appellant

Pizzaro

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding no causal connection between the psychiatric illness and the accident.
  2. 2 Whether damages were properly assessed given the medical evidence.

Ratio Decidendi

On the materials before the trial judge, the only reasonable conclusion was that there was a causal connection between the appellant's psychiatric condition and the motor vehicle accident, making the trial judge's finding in error.

Court Disposition

orders below set aside; new trial ordered; costs of appeal to be borne by respondent; costs of first trial to abide costs of second trial; respondent to have certificate under Suitors' Fund Act if entitled.

Orders

  • Orders below set aside.
  • New trial ordered.