Dybka v McKenzie

The appeal in *Dybka v McKenzie* concerned an assessment of damages arising from a motor accident. The appellant, Dybka, sought to appeal a decision made by the trial judge regarding the quantum of damages awarded. The respondent was McKenzie.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in failing to take into consideration relevant medical reports when assessing the appellant's damages. This question was framed within the context of the *Motor Accidents Act* and the principles established in *Fox v Wood*.

The Court of Appeal considered the evidence presented at trial, including the medical reports. It was held that the trial judge had indeed taken the medical reports into account in reaching their decision. The Court found no error in the assessment of damages, concluding that the trial judge had properly applied the relevant legal principles.

Consequently, the appeal was dismissed with costs.