JOHN STRBAK v NARELLE NEWTON [1989] NSWCA 202

JOHN STRBAK v NARELLE NEWTON [1989] NSWCA 202

The reasons provided by the trial judge were adequate to support the findings on liability and damages. There was sufficient explanation for accepting the plaintiff's version of events and credibility, and no error warranting appellate intervention was found.

Parties
Appellant: John Strbak; Respondent: Narelle Newton
Jurisdiction
Australia
Judgment Date
18 July 1989
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs; certificate under Suitors Fund Act (s6A 1(c)) granted for hearing before Judge Foord
Legal Topics
Negligence, Judicial Reasons, Foreseeability, Assessment of Damages
Tort Negligence Judicial Reasons Foreseeability Assessment of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Strbak

Appellant

Narelle Newton

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge failed to give adequate reasons for the decision
  2. 2 Whether the trial judge's findings of fact were wrong
  3. 3 Whether the finding of foreseeability was wrong

Ratio Decidendi

The reasons provided by the trial judge were adequate to support the findings on liability and damages. There was sufficient explanation for accepting the plaintiff's version of events and credibility, and no error warranting appellate intervention was found.

Court Disposition

appeal dismissed with costs; certificate under Suitors Fund Act (s6A 1(c)) granted for hearing before Judge Foord

Orders

  • Appeal dismissed with costs
  • Appellant to have certificate under Suitors Fund Act (s6A 1(c)) for hearing before Judge Foord