Nastevski v Wanscher [1996] NSWCA 382

Nastevski v Wanscher [1996] NSWCA 382

Significant culpability rested on Mr Nastevski, who failed to look for traffic before crossing, particularly given his poor eyesight, age, and the circumstances. No sufficient error was shown in her Honour's finding on apportionment for contributory negligence or the assessment of non-economic loss at 25% for a man...

Source-derived case information.

Parties
Appellant: Jovan Nastevski; Respondent: Jorgen Wanscher
Jurisdiction
Australia
Judgment Date
18 November 1996
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
Contributory Negligence, Assessment of Damages, Apportionment of Liability, Non Economic Loss
Torts Personal Injury Contributory Negligence Assessment of Damages Apportionment of Liability Non Economic Loss

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Parties

Jovan Nastevski

Appellant

Jorgen Wanscher

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the apportionment of 60% contributory negligence to Mr Nastevski was correct
  2. 2 Whether the assessment of 25% of a most extreme case for non-economic loss was correct

Ratio Decidendi

Significant culpability rested on Mr Nastevski, who failed to look for traffic before crossing, particularly given his poor eyesight, age, and the circumstances. No sufficient error was shown in her Honour's finding on apportionment for contributory negligence or the assessment of non-economic loss at 25% for a man of his age and activity, and therefore both findings were upheld.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs