Jeleskovic v Wagner (No. 2)

The parties involved in the case of Jeleskovic v Wagner (No. 2) were Jeleskovic, the plaintiff, and Wagner, the defendant. The plaintiff claimed damages for personal injury arising from an incident where the defendant allegedly pushed her down a flight of stairs. The defendant admitted to pushing the plaintiff but denied that it was down the stairs. The case was heard in the Supreme Court of New South Wales, with the Honourable Justice Hulme presiding.

The primary legal issues addressed by the court involved determining whether the issues of liability and damages were regulated by the Civil Liability Act 2002 (NSW) or the common law. The court had to establish whether the defendant had the intent to injure the plaintiff, the standard of proof required, whether a duty of care was owed and breached, and whether the injuries were factually caused by the defendant's actions. Additionally, the court considered the nature and extent of the plaintiff's physical injury, as well as her claims for psychological injury, aggravated, and exemplary damages.

The court examined the facts of the case and the relevant legislation, ultimately determining that the issues of liability and damages were governed by the common law, as not modified by the Civil Liability Act 2002 (NSW). The court found that the plaintiff had not established the defendant's intent to injure her and that the plaintiff's pre-incident diagnoses of Post-Traumatic Stress Disorder and depression were relevant to the assessment of her claims for psychological injury. The court found the plaintiff liable for some of the medical costs, but awarded no damages for pain and suffering or loss of amenities due to the contributory negligence of the plaintiff. The court also dismissed the plaintiff's claims for aggravated and exemplary damages.

The final orders of the court were detailed in paragraphs 214-216 of the judgment, with the court ordering the plaintiff to pay a portion of the defendant's costs and dismissing her claim for damages. The court awarded the plaintiff a nominal amount of $1 in damages for the assault and battery committed by the defendant.