Wanless v Sarkisjan

Case [2001] WASCA 332


WANLESS -v- SARKISJAN [2001] WASCA 332



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2001] WASCA 332
THE FULL COURT (WA)02/11/2001
Case No:FUL:60/20014 SEPTEMBER 2001
Coram:MALCOLM CJ
TEMPLEMAN J
McKECHNIE J
4/09/01
11Judgment Part:1 of 1
Result: Appeal dismissed
B
PDF Version
Parties:BRENDAN LEA WANLESS
HOVSEP SARKISJAN

Catchwords:

Motor vehicles
Damages
Assessment of witnesses
Duty of appellate court
No new principles

Legislation:

Nil

Case References:

Abalos v Australian Postal Commission (1991) 171 CLR 167
Browne v Dunn (1894) R (HL) 67
Devries v Australian National Railways Commission (1993) 177 CLR 472
Jones v Hyde (1989) 63 ALJR 349
Rosenberg v Percival (2000) 75 ALJR 734
Sarkisjan v Wanless [2001] WADC 76
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) (1999) 73 ALJR 306

Bowen v Tuttle (1989) Aust Torts Reports 81­0430
Chambers v Jobling (1986) 7 NSWLR 1
Lawson v Flavel [2001] WASCA 272
Sela v EPT Pty Ltd, unreported; FCt SCt of WA; Library No 950686; 14 December 1995
Taylor v Johnson (1983) 151 CLR 422
Thomas v O'Shea (1989) Aust Torts Rep 80­251
Uranerz (Aust) Pty Ltd v Hale (1980) 30 ALR 193
Voulis v Kozary (1975) 180 CLR 177
Warren v Coombes (1979) 142 CLR 531

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : WANLESS -v- SARKISJAN [2001] WASCA 332 CORAM : MALCOLM CJ
    TEMPLEMAN J
    McKECHNIE J
HEARD : 4 SEPTEMBER 2001 DELIVERED : 4 SEPTEMBER 2001 PUBLISHED : 2 NOVEMBER 2001 FILE NO/S : FUL 60 of 2001 BETWEEN : BRENDAN LEA WANLESS
    Appellant (Defendant)

    AND

    HOVSEP SARKISJAN
    Respondent (Plaintiff)



Catchwords:

Motor vehicles - Damages - Assessment of witnesses - Duty of appellate court - No new principles




Legislation:

Nil




Result:

Appeal dismissed



(Page 2)

Category: B

Representation:


Counsel:


    Appellant (Defendant) : Mr J R Brooksby
    Respondent (Plaintiff) : Mr E M Heenan QC & Mr G Droppert


Solicitors:

    Appellant (Defendant) : Greenland Brooksby
    Respondent (Plaintiff) : James McManus & Associates



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

Abalos v Australian Postal Commission (1991) 171 CLR 167
Browne v Dunn (1894) R (HL) 67
Devries v Australian National Railways Commission (1993) 177 CLR 472
Jones v Hyde (1989) 63 ALJR 349
Rosenberg v Percival (2000) 75 ALJR 734
Sarkisjan v Wanless [2001] WADC 76
State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) (1999) 73 ALJR 306

Case(s) also cited:



Bowen v Tuttle (1989) Aust Torts Reports 81­0430
Chambers v Jobling (1986) 7 NSWLR 1
Lawson v Flavel [2001] WASCA 272
Sela v EPT Pty Ltd, unreported; FCt SCt of WA; Library No 950686; 14 December 1995
Taylor v Johnson (1983) 151 CLR 422
Thomas v O'Shea (1989) Aust Torts Rep 80­251
Uranerz (Aust) Pty Ltd v Hale (1980) 30 ALR 193
Voulis v Kozary (1975) 180 CLR 177
Warren v Coombes (1979) 142 CLR 531

(Page 3)
    JUDGMENT OF THE COURT

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Wanless v Sarkisjan [2001] WASCA 332
Case
[2001] WASCA 332
Decision Date

CaseChat Overview and Summary

The case of Wanless v Sarkisjan involved the appellant, Wanless, appealing against the assessment of damages awarded to the respondent, Sarkisjan, in a motor vehicle accident. The respondent claimed damages for injuries sustained in a collision between his vehicle and the appellant’s vehicle. The case was heard in the Supreme Court of Victoria, where the trial judge assessed the damages based on the evidence presented.

The legal issues before the court included the proper assessment of damages for personal injury and the extent of the duty of an appellate court in reviewing such assessments. Specifically, the court had to determine whether the trial judge had erred in law or made a mistake of fact that warranted a different assessment of damages.

The court held that the trial judge had not erred in assessing the damages. The appellate court noted that it was not its role to substitute its own view of the matter for that of the trial judge unless there was a clear error of judgment. The court found that the trial judge had appropriately considered all the evidence, including the testimonies of witnesses and medical experts, and had provided sufficient reasoning for the damages awarded. The appellate court concluded that there was no basis to interfere with the trial judge's assessment.

As a result, the appeal was dismissed, and the original damages awarded to Sarkisjan were upheld. The court's decision emphasised the limited role of an appellate court in reviewing the assessment of damages and the deference owed to the trial judge's determination based on the evidence presented.

Orders

Orders of the court

Appeal dismissed

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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