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The Court adjourned a part-heard trial to allow further psychiatric evidence about alleged gambling problems, but refused to add the treating psychiatrist to the conclave.
The court awarded Mr Warren $1,708,309 in damages after an intentional assault caused a serious brain injury and lasting impairments.
Peric-Davies v Mazdo [2004] NSWCA 20
The NSW Court of Appeal ordered a new trial on damages after finding the District Court failed to address past economic loss and out-of-pocket expenses.
JAMES HARDIE AND COY PTY LTD v TOMPSON v ANOR [1998] NSWCA 114
The Court of Appeal reduced a dust diseases damages award to deduct statutory compensation, upheld the Griffiths v Kerkemeyer assessment, and dismissed the cross-appeal.
CASSON and ANOR v BARTLETT [1996] NSWCA 93
The Court of Appeal upheld a damages award, finding the trial judge was entitled to accept evidence that the respondent’s lower back pain was caused by the accident.
PROTECTEX CHEMICAL INDUSTRIES PTY LTD v MORKAYA [1996] NSWCA 438
A workplace injury damages appeal turned on whether the worker had taken reasonable steps to mitigate loss under s 151L of the Workers Compensation Act.
TUFEVSKA v STATE RAIL AUTHORITY OF NEW SOUTH WALES [1995] NSWCA 474
The Court of Appeal held the trial judge made a material factual error about when the worker stopped work and ordered a new trial.
McLEAN v ROWEKAMP [1995] NSWCA 287
The Court of Appeal dismissed an appeal against damages for personal injuries, upholding the trial judge’s approach to economic loss, interest, and costs.
NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v GLYNATSIS [1995] NSWCA 335
The Court of Appeal dismissed an insurer’s appeal against a damages award, upholding findings of brain damage and rejecting claims of procedural error and undue reliance on demeanour.
SANTIAGO v BARCLAY BROS [1995] NSWCA 416
The Court of Appeal partly upheld an appeal against a personal injuries damages award, increasing damages for future services and annual endoscopy testing.
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