MAKIS v MIJATOVIC [1995] NSWCA 266

MAKIS v MIJATOVIC [1995] NSWCA 266

The assessment of damages and apportionment between two motor vehicle accidents and assaults made by the trial judge was supported by accepted medical evidence and was not shown to be in error. The judge's discretion in admitting medical reports was properly exercised, and submissions challenging the awards and...

Source-derived case information.

Parties
Appellant: Makis; Respondent: Mijatovic
Jurisdiction
Australia
Judgment Date
05 July 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Motor Vehicle Accidents, Apportionment of Damages, Admissibility of Medical Evidence
Damages Personal Injury Motor Vehicle Accidents Apportionment of Damages Admissibility of Medical Evidence

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Parties

Makis

Appellant

Mijatovic

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in apportioning damages between two motor vehicle accidents and assaults
  2. 2 Whether the award for non-economic loss under the Motor Accidents Act was justified
  3. 3 Whether the judge erred in exercising discretion admitting a doctor's report in the doctor's absence

Ratio Decidendi

The assessment of damages and apportionment between two motor vehicle accidents and assaults made by the trial judge was supported by accepted medical evidence and was not shown to be in error. The judge's discretion in admitting medical reports was properly exercised, and submissions challenging the awards and apportionment lacked substance.

Court Disposition

appeal dismissed with costs

Orders

  • appeal dismissed with costs