Guner v Sydney Opera House Trust & Ors [2001] NSWCA 192

Guner v Sydney Opera House Trust & Ors [2001] NSWCA 192

The Court held that the damages for nervous shock awarded by the District Court ($17,500) were below the appropriate range, given the appellant's ongoing and permanent psychiatric condition resulting from pathological grief. The appropriate sum was reassessed at $30,000. The appeal was otherwise dismissed regarding...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
15 June 2001
Procedural Posture
Appeal / Hearing and Judgment on Appeal
Outcome
Appeal allowed in part; damages for nervous shock reassessed to $30,000; respondent to pay appellant's costs of the appeal.
Legal Topics
['compensation to Relatives' 'nervous Shock' 'assessment of Damages']
['damages' 'compensation Law' 'torts'] ['compensation to Relatives' 'nervous Shock' 'assessment of Damages']

Source-derived case record

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Procedural Posture

Appeal / Hearing and Judgment on Appeal

Legal Issues

  1. 1 ['Whether the District Court erred in assessment of damages under the Compensation to Relatives Act 1897' 'Whether the damages awarded for nervous shock were inadequate']

Ratio Decidendi

The Court held that the damages for nervous shock awarded by the District Court ($17,500) were below the appropriate range, given the appellant's ongoing and permanent psychiatric condition resulting from pathological grief. The appropriate sum was reassessed at $30,000. The appeal was otherwise dismissed regarding the calculation of loss of support under the Compensation to Relatives Act.

Court Disposition

Appeal allowed in part; damages for nervous shock reassessed to $30,000; respondent to pay appellant's costs of the appeal.

Orders

  • ['Appeal allowed as to quantum of damages for nervous shock' 'Order that damages for nervous shock be assessed at $30,000, substituting this sum for the prior award of $17,500' "Respondent to pay appellant's costs of the appeal"]