BULJABASIC and ORS v AH LAM [1997] NSWCA 52

BULJABASIC and ORS v AH LAM [1997] NSWCA 52

The trial judge was justified in not accepting the plaintiffs' evidence regarding sudden impact and psychiatric injury. Factual findings based on this non-acceptance were made in light of material evidence and cross-examination. The appeal fails because the claim for nervous shock was not proved to the required legal standard.

Parties
Appellant: URJ Buljabasic; Appellant: Appellant's co-daughters (names not specified); Respondent: AH Lam
Jurisdiction
Australia
Judgment Date
03 September 1997
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Nervous Shock, Damages, Psychiatric Injury, Liability
Torts Nervous Shock Damages Psychiatric Injury Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

URJ Buljabasic

Appellant

Appellant's co-daughters (names not specified)

Appellant

AH Lam

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellants suffered nervous shock as a result of perceiving the injured father in hospital post-accident
  2. 2 Whether the trial judge had adequate grounds not to accept the plaintiffs' evidence
  3. 3 Whether damages for psychiatric illness resulting from perception of injury to another person require a 'sudden impact to the senses'

Ratio Decidendi

The trial judge was justified in not accepting the plaintiffs' evidence regarding sudden impact and psychiatric injury. Factual findings based on this non-acceptance were made in light of material evidence and cross-examination. The appeal fails because the claim for nervous shock was not proved to the required legal standard.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs