Dybka v McKenzie [2002] NSWCA 171

New South Wales Court of Appeal

CITATION : Dybka v McKenzie [2002] NSWCA 171 FILE NUMBER(S) : CA 40676 of 2001 HEARING DATE(S) : 14/05/02 JUDGMENT DATE : 21 June 2002

Ela Dybka PARTIES : v Fiona McKenzie JUDGMENT OF : Meagher JA at 1; Sheller JA at 15; Pearlman AJA at 16

LOWER COURT JURISDICTION : District Court LOWER COURT DC 4992 of 1997 FILE NUMBER(S) : LOWER COURT Gibson DCJ JUDICIAL OFFICER :

COUNSEL : Appellant: S Norton SC & E Welsh Respondent: J D Hislop QC & P Gormley SOLICITORS : Appellant: Brydens Law Office Respondent: Phillips Fox CATCHWORDS : Personal Injury - Motor Accidents Act - Fox v Wood - whether trial judge failed to take into consideration medical reports - assessment of damages - appeal dismissed with costs. CASES CITED: Fox v Wood (1981) 148 CLR 438 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40676 of 2001 DC 4992 of 1997

MEAGHER JA SHELLER JA PEARLMAN AJA

Friday, 21 June 2002 ELA DYBKA v FIONA McKENZIE Facts The appellant, Miss Dybka, was involved in a motorcar accident, which allegedly triggered a "major psychiatric reaction", and at trial, was awarded $99,357.00 in her favour. On appeal, the Court was asked to determine whether Miss Dybka was entitled to more money. The appellant challenged (a) the failure of the trial judge to recognise that certain orthopaedic reports had been filed, and (b) the trial judge's assessment under the heads of damages.