SINAK v TESS [1995] NSWCA 431

SINAK v TESS [1995] NSWCA 431

The plaintiff was guilty of contributory negligence assessed at fifteen per cent. The calculation of damages required correction due to arithmetical error. The trial judge gave sufficient reasons for his conclusions. By 8 January 1990, the effects of the 1983 accident were spent, and subsequent symptoms were attributable to the plaintiff’s pre-existing condition and other traumas.

Parties
Appellant: Sinak; Respondent: Tess
Jurisdiction
Australia
Judgment Date
15 March 1995
Procedural Posture
Appeal From District Court / Judgment on Appeal
Outcome
Appeal upheld in part (correction of calculation error); substantive appeal otherwise dismissed
Legal Topics
Contributory Negligence, Assessment of Damages, Pre Existing Conditions, Adequacy of Reasons, Error in Calculation
Torts Motor Vehicle Accidents Contributory Negligence Assessment of Damages Pre Existing Conditions Adequacy of Reasons Error in Calculation

Case Brief

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Parties

Sinak

Appellant

Tess

Respondent

Procedural Posture

Appeal From District Court / Judgment on Appeal

Legal Issues

  1. 1 Whether plaintiff was guilty of contributory negligence
  2. 2 Proper assessment of damages considering pre-accident conditions and subsequent events
  3. 3 Adequacy of trial judge's reasons for judgment

Ratio Decidendi

The plaintiff was guilty of contributory negligence assessed at fifteen per cent. The calculation of damages required correction due to arithmetical error. The trial judge gave sufficient reasons for his conclusions. By 8 January 1990, the effects of the 1983 accident were spent, and subsequent symptoms were attributable to the plaintiff’s pre-existing condition and other traumas.

Court Disposition

Appeal upheld in part (correction of calculation error); substantive appeal otherwise dismissed

Orders

  • Judgment below set aside
  • Judgment for $185,231 substituted, effective from date of original judgment