Falco v Aiyaz; Falco v Falzon [2015] NSWCA 202

Falco v Aiyaz; Falco v Falzon [2015] NSWCA 202

On the primary judge's findings, s 141B(3) of the Motor Accidents Compensation Act 1999 (NSW) precludes an award of damages for gratuitous care services against each respondent since the apportioned need was below the statutory threshold; the assessment of psychiatric disabilities disclosed no appellable error.

Parties
Appellant: Juliana Falco; Respondent: Mohammed Aiyaz; Respondent: Victor Falzon
Jurisdiction
Australia
Judgment Date
17 July 2015
Procedural Posture
Appeal and Cross Appeal / Court of Appeal Decision After District Court Judgment
Outcome
Appeal dismissed, cross-appeal allowed; prior judgments set aside and substituted with reduced awards; costs orders made.
Legal Topics
Assessment of Damages, Apportionment of Liability, Psychiatric Injury, Domestic Assistance Threshold, Gratuitous Care, Credibility of Witnesses
Tort Law Motor Accidents Compensation Assessment of Damages Apportionment of Liability Psychiatric Injury Domestic Assistance Threshold Gratuitous Care Credibility of Witnesses

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Parties

Juliana Falco

Appellant

Mohammed Aiyaz

Respondent

Victor Falzon

Respondent

Procedural Posture

Appeal and Cross Appeal / Court of Appeal Decision After District Court Judgment

Legal Issues

  1. 1 Whether primary judge erred in assessment of non-economic loss and need for domestic assistance
  2. 2 Whether appellant exaggerated her symptoms
  3. 3 Whether threshold for awarding damages for past and future gratuitous care under s 141B(3) Motor Accidents Compensation Act 1999 (NSW) was satisfied

Ratio Decidendi

On the primary judge's findings, s 141B(3) of the Motor Accidents Compensation Act 1999 (NSW) precludes an award of damages for gratuitous care services against each respondent since the apportioned need was below the statutory threshold; the assessment of psychiatric disabilities disclosed no appellable error.

Court Disposition

Appeal dismissed, cross-appeal allowed; prior judgments set aside and substituted with reduced awards; costs orders made.

Orders

  • Appeal dismissed in each matter.
  • Appellant to pay respondent's costs of the appeal in each matter.