Makis v Mijatovic

In *Makis v Mijatovic* [1995] NSWCA 266, the New South Wales Court of Appeal considered an appeal arising from a dispute between the plaintiff, Makis, and the defendant, Mijatovic. The underlying matter concerned a claim for damages for personal injuries sustained by the plaintiff.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that the defendant was liable for the plaintiff's injuries and, if so, whether the quantum of damages awarded was appropriate. Specifically, the court had to determine if the defendant's actions constituted negligence and if there was a causal link between that negligence and the plaintiff's injuries.

The Court of Appeal reviewed the evidence presented at trial and applied the principles of negligence, including the duty of care, breach of that duty, and causation. The court considered whether the defendant had acted reasonably in the circumstances and whether the plaintiff's injuries were a foreseeable consequence of the defendant's conduct. After careful consideration, the Court of Appeal found no error in the trial judge's findings of fact or law regarding liability. The court also upheld the quantum of damages awarded, finding it to be within a proper range given the evidence.

Consequently, the appeal was dismissed, and the orders of the trial court were affirmed.