Hoblos v Alexakis (No 2)
Case
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[2022] NSWCA 11
•10 February 2022
Details
AGLC
Case
Decision Date
Hoblos v Alexakis (No 2) [2022] NSWCA 11
[2022] NSWCA 11
10 February 2022
CaseChat Overview and Summary
In *Hoblos v Alexakis (No 2)*, the Court of Appeal of New South Wales was required to assess damages following a successful appeal by the appellant, Mr Hoblos, against a decision of the primary judge. The dispute concerned the quantification of damages to which Mr Hoblos was entitled.
The central legal issue before the Court of Appeal was whether it should undertake the assessment of damages itself, given that the primary judge had made adverse findings regarding Mr Hoblos' credit. The court also considered the proportionality and convenience of undertaking this assessment, particularly in circumstances where the quantification of damages was heavily reliant on expert medical evidence.
The Court of Appeal reasoned that it was appropriate for it to assess the damages, notwithstanding the adverse credit findings of the primary judge. The court noted that the quantification of damages turned primarily on expert medical evidence, which it was capable of assessing. The court found that it was more proportionate and convenient for the Court of Appeal to undertake the assessment rather than remitting the matter back to the primary judge, thereby avoiding further delay and expense.
The Court of Appeal ordered that judgment be entered for the appellant in the sum of $593,157.76. The parties were also directed to provide written submissions regarding costs within seven days, for determination on the papers, failing agreement.
The central legal issue before the Court of Appeal was whether it should undertake the assessment of damages itself, given that the primary judge had made adverse findings regarding Mr Hoblos' credit. The court also considered the proportionality and convenience of undertaking this assessment, particularly in circumstances where the quantification of damages was heavily reliant on expert medical evidence.
The Court of Appeal reasoned that it was appropriate for it to assess the damages, notwithstanding the adverse credit findings of the primary judge. The court noted that the quantification of damages turned primarily on expert medical evidence, which it was capable of assessing. The court found that it was more proportionate and convenient for the Court of Appeal to undertake the assessment rather than remitting the matter back to the primary judge, thereby avoiding further delay and expense.
The Court of Appeal ordered that judgment be entered for the appellant in the sum of $593,157.76. The parties were also directed to provide written submissions regarding costs within seven days, for determination on the papers, failing agreement.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Negligence & Tort
Legal Concepts
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Appeal
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Damages
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Expert Evidence
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Proportionality
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Costs
Actions
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Citations
Hoblos v Alexakis (No 2) [2022] NSWCA 11
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
3
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[2018] HCA 22
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[2018] HCA 22
Amaca Pty Ltd v Latz
[2018] HCA 22