JANKOVIC v MAYOH [1991] NSWCA 156

JANKOVIC v MAYOH [1991] NSWCA 156

Fresh evidence established that the plaintiff was inadvertently denied natural justice, depriving him of a chance to succeed on causation; therefore, the decision on damages must be set aside and a new trial ordered.

Parties
Appellant: Jankovic; Respondent: Mayoh
Jurisdiction
Australia
Judgment Date
11 November 1991
Procedural Posture
Appeal / Decision
Outcome
appeal allowed; new trial ordered (quantum of damages)
Legal Topics
Damages, Natural Justice, Causation
Civil Law Damages Natural Justice Causation

Case Brief

Summary, issues, holding and outcome

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Parties

Jankovic

Appellant

Mayoh

Respondent

Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 Was the plaintiff denied natural justice at trial?
  2. 2 Was there a causal link between the plaintiff's injury in the traffic accident and the subsequent injury to the left knee?
  3. 3 Should a new trial be ordered with respect to damages?

Ratio Decidendi

Fresh evidence established that the plaintiff was inadvertently denied natural justice, depriving him of a chance to succeed on causation; therefore, the decision on damages must be set aside and a new trial ordered.

Court Disposition

appeal allowed; new trial ordered (quantum of damages)

Orders

  • Appeal allowed.
  • Set aside the judgment of the trial judge on the issue of damages.