KADKHODAZANDEH v WARMAN INTERNATIONAL LTD [1995] NSWCA 227

KADKHODAZANDEH v WARMAN INTERNATIONAL LTD [1995] NSWCA 227

There was evidence on which the jury could reach a finding of twenty per cent contributory negligence, and the damages awarded were open to the jury given the plaintiff's pre-existing conditions and medical evidence; no appealable error was shown.

Parties
Appellant/plaintiff: Kadkhodazandeh; Respondent/defendant: Warman International Ltd
Jurisdiction
Australia
Judgment Date
13 March 1995
Procedural Posture
Appeal / Judgment on Appeal From Common Law Division
Outcome
appeal dismissed with costs
Legal Topics
Industrial Accident, Contributory Negligence, Assessment of Damages
Tort Law Employment Law Personal Injury Industrial Accident Contributory Negligence Assessment of Damages

Case Brief

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Parties

Kadkhodazandeh

Appellant/plaintiff

Warman International Ltd

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal From Common Law Division

Legal Issues

  1. 1 Whether there was evidence to support a finding of contributory negligence
  2. 2 Whether the assessment of damages by the jury was erroneous

Ratio Decidendi

There was evidence on which the jury could reach a finding of twenty per cent contributory negligence, and the damages awarded were open to the jury given the plaintiff's pre-existing conditions and medical evidence; no appealable error was shown.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs