YOUNG v J D COATES PTY LTD [1990] NSWCA 192

YOUNG v J D COATES PTY LTD [1990] NSWCA 192

Having regard to the trial judge’s findings—based on the evidence and assessing credibility—the plaintiff suffered only a mild phobia causally related to the poisoning incident and had a pre-existing psychiatric condition; thus, the quantum of damages awarded was not inadequate nor outside a reasonable discretionary range.

Parties
Appellant: Miss Young; Respondent: J D Coates Pty Ltd
Jurisdiction
Australia
Judgment Date
05 October 1990
Procedural Posture
Appeal / Judgment From Court of Appeal After Assessment of Damages in District Court
Outcome
Appeal dismissed with costs.
Legal Topics
Assessment of Damages, Psychiatric Injury, Pre Existing Condition
Torts Personal Injury Assessment of Damages Psychiatric Injury Pre Existing Condition

Case Brief

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Parties

Miss Young

Appellant

J D Coates Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment From Court of Appeal After Assessment of Damages in District Court

Legal Issues

  1. 1 Whether the general damages awarded to the plaintiff for psychiatric injury (phobia) caused by consumption of cyanide-contaminated apricot kernels were inadequate
  2. 2 Extent of the plaintiff’s phobia and its impact on her lifestyle post-incident
  3. 3 Relevance of plaintiff’s pre-existing psychiatric condition in quantifying damages

Ratio Decidendi

Having regard to the trial judge’s findings—based on the evidence and assessing credibility—the plaintiff suffered only a mild phobia causally related to the poisoning incident and had a pre-existing psychiatric condition; thus, the quantum of damages awarded was not inadequate nor outside a reasonable discretionary range.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed.
  • Plaintiff to pay respondent's costs.