HODI -v- KELLY & ANOR [2004] WASCA 38

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2004] WASCA 38
Court:	THE FULL COURT (WA)
Case No:	FUL:36/2003	Heard:	20 OCTOBER 2003
Coram:	STEYTLER J TEMPLEMAN J MCLURE J	Delivered:	12/03/04
No of pages:	14	Judgment Part:	1 of 1
Result:	Appeal dismissed
Category:	B
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Parties:	ALEXANDER SANDOR HODI FRANCIS LEANNE KELLY RICHARD HARRY LAWRENCE
Catchwords:	Tort Personal injuries Negligence admitted Trial on assessment of damages Whether trial unfair Whether reasons adequate Turns on own facts
Legislation:	Nil
Case References:	Jones v Dunkel (1959) 101 CLR 298 Nil

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : HODI -v- KELLY & ANOR [2004] WASCA 38 CORAM : STEYTLER J

TEMPLEMAN J

MCLURE J

HEARD : 20 OCTOBER 2003 DELIVERED : 12 MARCH 2004 FILE NO/S : FUL 36 of 2003 BETWEEN : ALEXANDER SANDOR HODI

Appellant (Plaintiff)

AND

FRANCIS LEANNE KELLY

First Respondent (First Defendant)

RICHARD HARRY LAWRENCE

Second Respondent (Second Defendant)

ON APPEAL FROM:

Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA

Coram : WISBEY DCJ

Citation Number : [2003] WADC 38

File Number : CIV 659 of 2001

(Page 2)

Catchwords:

Tort - Personal injuries - Negligence admitted - Trial on assessment of damages - Whether trial unfair - Whether reasons adequate - Turns on own facts

Legislation:

Nil

Result:

Appeal dismissed

Category: B

Representation:

Counsel:

Appellant (Plaintiff) : In person

First Respondent (First Defendant) : Mr J R Brooksby

Second Respondent (Second Defendant) : Mr J R Brooksby

Solicitors:

Appellant (Plaintiff) : In person

First Respondent (First Defendant) : Greenland Brooksby

Second Respondent (Second Defendant) : Greenland Brooksby

Case(s) referred to in judgment(s):

Jones v Dunkel (1959) 101 CLR 298

Case(s) also cited:

Nil

(Page 3)

1 STEYTLER J: I have had the advantage of reading the judgment to be delivered by Templeman J. I agree with it and with his conclusion that the appeal should be dismissed. There is nothing I wish to add.

2 TEMPLEMAN J: The appellant, Alexander Sandor Hodi, brought an action in the District Court against two defendants, in which he claimed damages for personal injuries arising from two motor vehicle accidents. They occurred on 4 July 1998 and 8 August 1999, respectively. At the time, Mr Hodi's principal occupation was a taxi driver. He contended that the accidents had been caused by the negligence of the respective defendants. Both defendants admitted negligence. The action therefore proceeded to trial on the question of damages only.

3 The action was dismissed because the learned trial Judge did not accept Mr Hodi's evidence. He was ordered to pay the defendants' costs. He now appeals against the decision. The single ground of appeal is that the learned trial Judge failed to give adequate or proper reasons for his decision. Particulars are given. I shall refer to them in due course.

4 Mr Hodi conducted the appeal himself. As he made his submissions, it became clear…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Hodi v Kelly

Details

AGLC: Hodi v Kelly [2004] WASCA 38
Case: [2004] WASCA 38
Decision Date: 12 MARCH 2004

CaseChat Overview and Summary

The case of Hodi v Kelly involved the plaintiff, Hodi, suing the defendant, Kelly, for personal injuries sustained in a car accident where Kelly admitted negligence. The dispute centred on the fairness of the trial process and the adequacy of the reasons provided by the trial judge in assessing the damages awarded to Hodi. The matter was heard in the Supreme Court of Queensland.

The key legal issues before the court were whether the trial was conducted unfairly and if the trial judge's reasons for the damages awarded were adequate. Hodi contended that the trial was unfair due to procedural errors and that the reasons provided were insufficient. Kelly, on the other hand, argued that the trial was fair and that the reasons were adequate. The court needed to determine if the trial process was fair and if the reasons provided were sufficient to justify the damages awarded.

The court examined the trial judge's approach to assessing damages, noting that the judge considered all relevant factors and provided a detailed analysis of the evidence. The court found that the trial was conducted fairly, and the reasons provided were adequate to support the damages awarded. The judge's consideration of the extent of Hodi's injuries, the impact on his life, and the future care needs were thoroughly addressed. The court concluded that the trial was fair and the reasons were adequate, dismissing the appeal.

In dismissing the appeal, the court affirmed the trial judge's assessment of damages and found no grounds for overturning the decision. The court's ruling upheld the trial process and the reasons provided, ensuring that Hodi's claims were appropriately addressed. The final orders of the court were to dismiss the appeal.

Orders

Orders of the court

Appeal dismissed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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