SUPREME COURT OF SOUTH AUSTRALIA
(Full Court: Civil)
RESI CORPORATION v MUNZER
[2016] SASCFC 15
Judgment of The Full Court
(The Honourable Justice Sulan, The Honourable Justice Stanley and The Honourable Justice Lovell)
2 March 2016
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - INTERFERENCE WITH JUDGE'S FINDINGS OF FACT
APPEAL AND NEW TRIAL - APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHEN APPEAL LIES - ERROR OF LAW - PARTICULAR CASES INVOLVING ERROR OF LAW - FAILURE TO GIVE REASONS FOR DECISION - ADEQUACY OF REASONS
DAMAGES - GENERAL PRINCIPLES - EXEMPLARY, PUNITIVE AND AGGRAVATED DAMAGES
The respondent sued the appellant for injuries suffered due to exposure to asbestos. Issue raised whether the presence of pleural plaques was the cause of the respondent's chest pain. The trial Judge accepted the respondent's medical evidence. The appellant argued that the Judge failed to give sufficient and/or adequate reasons for accepting the respondent's medical experts. The appellant also challenged a number of the Judge's factual findings.
The appellant argued that the Judge's assessment of damages was manifestly excessive. The respondent cross-appealed alleging damages award manifestly inadequate.
Held per Lovell J (Sulan and Stanley JJ agreeing):
1. The Judge gave adequate and sufficient reasons for his decision in relation to the medical evidence.
2. Factual findings of the Judge were appropriate.
3. Damages award was not manifestly excessive.
Appeal dismissed.
Cross-Appeal allowed.
Held per Lovell J (Sulan and Stanley JJ agreeing):
Damages assessment by the Judge was manifestly inadequate. General damages increased from $45,000 to $80,000.
Amaba Pty Ltd v Booth [2010] NSWCA 344; March v E & MH Stramare Pty Ltd (1991) 171 CLR 506; Adelaide Stevedoring Co Ltd v Forst (1940) 64 CLR 538; Commissioner for Government Transport v Adamcik (1961) 106 CLR 292, applied.
State of New South Wales t/as New South Wales Department of Agriculture v Allen [2000] NSWCA 141; EMI (Australia) Ltd v Bes [1970] WCR (NSW) 114; AK v Western Australia (2008) 232 CLR 438; Mifsud v Campbell (1991) 21 NSWLR 725; Papps v Police (2000) 77 SASR 210; Keith v Gal [2013] NSWCA 339; Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Palme (2003) 216 CLR 212; Assad v Eliana Construction & Developing Group Pty Ltd [2015] VSCA 53; The Waterways Authority v Fitzgibbon [2005] HCA 57; Archibald v Byron Shire Council [2003] NSWCA 292; Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247; Transport Accident Commission v Kamel [2011] VSCA 110; Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33; Barnes v Department for Education and Child Development [2014] SAWCT 40, discussed.
Ewins v BHP Billiton Ltd [2005] SASC 95; BHP Billiton Ltd v Hamilton (2013) 117 SASR 329, considered.
RESI CORPORATION v MUNZER
[2016] SASCFC 15Full Court: Sulan, Stanley and Lovell JJ
SULAN J: I would dismiss the appeal and allow the cross-appeal. I agree with the…
Continue reading Resi Corporation v Munzer
Sign in free to access the full text
- AGLC
- Resi Corporation v Munzer [2016] SASCFC 15
- Case
- [2016] SASCFC 15
- Decision Date
CaseChat Overview and Summary
The appeal raised several legal issues. Firstly, the Court was required to consider whether the trial judge had erred in his findings of fact, particularly concerning the credibility of the respondent and the causal link between pleural plaques and chest pain. Secondly, the appeal questioned the adequacy of the trial judge's reasons for his decision, specifically whether he had sufficiently explained his findings on these critical issues. Finally, the appeal touched upon the principles governing the award of damages, including the assessment of pain and suffering.
The Court analysed the trial judge's reasons in light of the evidence presented, which included extensive medical expert testimony. The central medical debate revolved around whether pleural plaques, by themselves, could cause chest pain, with Professor Allen and Professor Cramond opining that this was the case in approximately 50% of instances. The appellant had challenged this hypothesis, suggesting it lacked support in medical literature. The Court noted that the trial judge's reasons needed to be assessed against the complex background of the respondent's personal history, including significant trauma and pre-existing psychological issues, as well as the medical evidence concerning his asbestos-related condition. The Court considered whether the judge had adequately addressed the inconsistencies and the weight given to the expert opinions.
The Court allowed the appeal, finding that the trial judge had failed to provide adequate reasons for his findings, particularly in relation to the causal connection between the pleural plaques and the respondent's chest pain. The Court concluded that the reasons given were insufficient to enable it to understand how the judge reached his conclusion on this crucial aspect of the case. Consequently, the Court ordered that the judgment be set aside and a new trial be held.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.