Mastaglia v Burns

Case [2006] WASCA 190


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

TITLE OF COURT  :   THE COURT OF APPEAL (WA)

CITATION:   MASTAGLIA & ANOR -v- BURNS [2006] WASCA 190

CORAM:   MARTIN CJ

McLURE JA
BUSS JA

HEARD:   19 MAY 2006

DELIVERED          :   25 SEPTEMBER 2006

FILE NO/S:   CACV 6 of 2005

BETWEEN:   NATHAN JARED MASTAGLIA

First Appellant

GARY HAYWOOD
Second Appellant

AND

JAMES BURNS
Respondent

ON APPEAL FROM:

Jurisdiction              :  DISTRICT COURT OF WESTERN AUSTRALIA

Coram  :FENBURY DCJ

Citation  :BURNS -v- MASTAGLIA & ANOR [2005] WADC 13

File No  :CIV 596 of 2002

Catchwords:

Appeals - Adequacy of reasons of trial Judge

Appeals - Allegation of apparent bias on part of trial Judge

Negligence - Motor vehicle accident - Admitted liability for accident

Damages - Personal injuries - whether the respondent's back injuries were caused by the motor vehicle accident or by other means

Damages - Assessment of - Past and future loss of earning capacity - Principles applicable to the calculation of past economic loss in respect to the period in which the respondent was carrying on a business in partnership with his wife

Legislation:

Partnership Act 1895 (WA), s 37(1)

Result:

Appeal allowed in part and cross-appeal dismissed

Category:    B

Representation:

Counsel:

First Appellant              :     Mr M H Zilko SC & Mr J R Brooksby

Second Appellant          :     Mr M H Zilko SC & Mr J R Brooksby

Respondent:     Mr K S Pratt

Solicitors:

First Appellant              :     Greenland Brooksby

Second Appellant          :     Greenland Brooksby

Respondent:     Stephen Browne Lawyers

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

Australian and Overseas Telecommunications Corporation Limited v McAuslan (1993) 47 FCR 492

Beale v Government Insurance Office of New South Wales (1997) 48 NSWLR 430

Butler v The Egg and Egg Pulp Marketing Board (1966) 114 CLR 185

Cochrane v Hannaford (1999) 30 MVR 55

Conley v Minehan [1999] NSWCA 432

CSR Ltd v Della Maddalena (2006) 80 ALJR 458

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337

Fox v Percy (2003) 214 CLR 118

Future Look Landscaping Pty Ltd v Hanlon, unreported; SCt of NSW, CA 40658-1997; 8 July 1998; (Spigelman CJ, Sheller and Giles JJA)

Garrett v Nicholson (1999) 21 WAR 226

Graham v Baker (1961) 106 CLR 340

Husher v Husher (1999) 197 CLR 138

Husher v Husher, unreported; FCt of SCt of Qld (McPherson, Thomas JJA and Derrington J); 21 August 1998

Johnson v Johnson (2000) 201 CLR 488

Medlin v State Government Insurance Commission (1995) 182 CLR 1

Mount Lawley Pty Ltd v Western Australian Planning Commission (2004) 29 WAR 273

O'Brien v Dungdon (1965) 39 ALJR 78

Randall v Dul (1994) 13 WAR 205

Seymour v Gough [1996] 1 Qd R 89

Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247

Spargo v Haden Engineering Pty Ltd (1993) 60 SASR 39

State Government Insurance Commission (Western Australia) v Oakley (1990) Aust Torts Reports 81‑003

State Rail Authority of NSW v Earthline Constructions Pty Ltd (1999) 73 ALJR 306

Stead v State Government Insurance Commission (1986) 161 CLR…

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AGLC
Mastaglia v Burns [2006] WASCA 190
Case
[2006] WASCA 190
Decision Date

CaseChat Overview and Summary

In this case, the respondent, Mastaglia, appealed against the decision of Burns J, who dismissed his claim for damages arising from a motor vehicle accident. The trial judge found that Mastaglia's back injuries were not caused by the accident but by other means. Mastaglia alleged that the trial judge was biased and that his Honour failed to provide adequate reasons for his decision. The appeal raises issues concerning the adequacy of reasons given by a trial judge, the alleged bias of the trial judge, and the assessment of damages for personal injuries. The court examined whether the trial judge provided adequate reasons for his findings and whether there was any apparent bias in his Honour's decision-making process. The court also assessed the evidence regarding the cause of Mastaglia's back injuries and the calculation of damages for past and future loss of earning capacity.

The court found that the trial judge's reasons were adequate, and there was no apparent bias in his Honour's decision-making process. The court held that the trial judge had properly considered the evidence and made findings on the cause of Mastaglia's back injuries. The court also held that the trial judge had correctly assessed the damages for past and future loss of earning capacity. The court dismissed the appeal, finding that the trial judge's decision was correct and that there was no basis for the alleged bias. The court affirmed the decision of Burns J and dismissed Mastaglia's claim for damages.

Orders

Orders of the court

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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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