Mason v Demasi [2009] NSWCA 227

Mason v Demasi [2009] NSWCA 227

The appeal was allowed because the trial judge erred in the assessment of the appellant’s psychological/psychiatric condition, unjustifiably discounted the evidence of both the appellant and her witness, placed unwarranted reliance on certain expert opinions, and failed to adequately assess the causal connection between the dog attack and the injury. These errors occasioned a miscarriage, requiring a new trial limited to assessment of damages.

Parties
Appellant: Penelope Jayne Mason; First Respondent: Antonio Demasi; Second Respondent: Giovannina Demasi
Jurisdiction
Australia
Judgment Date
31 July 2009
Procedural Posture
Appeal / Judgment on Appeal From District Court
Outcome
Appeal allowed
Legal Topics
Assessment of Damages, Personal Injury, Psychological Injury, Appeal Procedure, Credibility of Witnesses
Torts Assessment of Damages Personal Injury Psychological Injury Appeal Procedure Credibility of Witnesses

Case Brief

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Parties

Penelope Jayne Mason

Appellant

Antonio Demasi

First Respondent

Giovannina Demasi

Second Respondent

Procedural Posture

Appeal / Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the trial judge erred in assessment of damages for psychological injury resulting from a dog attack
  2. 2 Whether adverse credibility findings against the appellant were warranted on the evidence
  3. 3 Whether reliance on expert reports, particularly those of Dr Samuell, was misplaced

Ratio Decidendi

The appeal was allowed because the trial judge erred in the assessment of the appellant’s psychological/psychiatric condition, unjustifiably discounted the evidence of both the appellant and her witness, placed unwarranted reliance on certain expert opinions, and failed to adequately assess the causal connection between the dog attack and the injury. These errors occasioned a miscarriage, requiring a new trial limited to assessment of damages.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Judgment of the District Court of 3 April 2008 quashed