New South Wales
Court of Appeal
CITATION: Majkic v Bonanno [2008] NSWCA 253 HEARING DATE(S): 26/9/08
JUDGMENT DATE:
16 October 2008JUDGMENT OF: Giles JA at 1; Bell JA at 2; Sackville AJA at 30 DECISION: 1. Allow the appeal.
2. Set aside the verdict and judgment of the District Court given on 13 December 2007 and remit the proceedings to the District Court for determination of the quantum of the appellant’s damages.
3. The respondent is to pay the appellant’s costs of the hearing below and of the appeal. The respondent is to receive an indemnity certificate under s 6 of the Suitors’ Fund Act 1951 (NSW) if qualified.CATCHWORDS: Insufficiency of reasons - failure to make critical factual findings LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW) CATEGORY: Principal judgment CASES CITED: Jones v Bradley [2003] NSWCA 81
Larson v Commissioner of Police [2004] NSWCA 126PARTIES: Zelfko Majkic (Appellant)
Roslyn Angela Bonanno (Respondent)FILE NUMBER(S): CA 40924/07 COUNSEL: Mr K Andrews (Appellant)
Mr B G Smith (Respondent)SOLICITORS: Keddies (Appellant)
Sparke Helmore (Respondent)LOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): 8472/02 LOWER COURT JUDICIAL OFFICER: Hughes DCJ LOWER COURT DATE OF DECISION: 13/12/07
CA 40924/07
DC 8472/02Thursday 16 October 2008GILES JA
BELL JA
SACKVILLE AJA
1 GILES JA: I agree with Bell JA.
2 BELL JA: This is an appeal from the award of $17,261 damages for personal injuries suffered when the appellant was struck by a motor vehicle. Judgment was given in the District Court on 13 December 2007. Liability had been determined at an earlier hearing.
3 Not long after the accident, the appellant underwent an MRI scan of his back, which revealed a significant T11/T12 disc protrusion. A critical issue at the trial was whether the accident caused or materially contributed to the discal injury. The appellant was the only witness who gave oral evidence. A number of medical reports were tendered in each case. None of the authors of the reports were required for cross-examination. There was a marked divergence of opinion on the question of causation between the medical opinion relied upon by the appellant and that relied upon by the respondent.
4 The Notice of Appeal contains 16 grounds. With the exception of grounds 2, 9 and 10, which concern the admission of the statement of reasons of Dr Dowda, a medical assessor under the Motor Accidents Compensation Act 1999 (NSW) (the MAC Act), Mr K Andrews, who appeared for the appellant at trial and on the appeal, distilled the grounds into three:
1. His Honour’s reasons revealed an inadequate process of reasoning.
2. The judgment contained factual errors.
3. The findings were not supported by the reasoning.
5 The primary judge identified causation and the extent of the appellant’s injuries as the central issues. His Honour accepted and adopted the analysis of the medical evidence set out in the written submissions filed on the respondent’s behalf,…
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- AGLC
- Majkic v Bonnano [2008] NSWCA 253
- Case
- [2008] NSWCA 253
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the District Court had provided sufficient reasons for its verdict and judgment. This insufficiency related to a failure to make critical factual findings necessary for the determination of the appellant's damages.
The Court of Appeal found that the District Court's reasons were inadequate. It was held that the trial judge had failed to make essential factual findings that were crucial for assessing the quantum of the appellant's damages. Consequently, the appeal was allowed, and the verdict and judgment of the District Court were set aside. The proceedings were remitted back to the District Court for a determination of the quantum of the appellant's damages. The respondent was ordered to pay the appellant's costs of both the hearing below and the appeal, with the possibility of an indemnity certificate under the Suitors' Fund Act 1951 (NSW).
Orders
Orders of the court
1. Allow the appeal. 2. Set aside the verdict and judgment of the District Court given on 13 December 2007 and remit the proceedings to the District Court for determination of the quantum of the appellant's damages. 3. The respondent is to pay the appellant's costs of the hearing below and of the appeal. The respondent is to receive an indemnity certificate under s 6 of the Suitors' Fund Act 1951 (NSW) if qualified.
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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