NSW Caselaw
New South Wales Court of Appeal
CITATION : Peric-Davies v Mazdo [2004] NSWCA 20 HEARING DATE(S) : 16 February 2004 JUDGMENT DATE : 16 February 2004
JUDGMENT OF : Giles JA at 1; Hodgson JA at 22; Bell J at 29 DECISION : Appeal allowed. Verdict and judgment for the defendant and order for costs made below set aside. Remit the proceedings to the District Court for a new trial on the assessment of damages. The respondent pay the appellant's costs of the appeal. The costs of the first trial abide the result of the new trial.
CATCHWORDS : Personal injuries - finding thresholds under Motor Accidents Act not reached - no finding as to any lesser extent of injury entitling recovery of past economic loss and out-of-pocket expenditure - if a finding, no reasons for it - appealable error - appeal court unable to assess the damages - new trial as to damages generally. CASES CITED : Arian v Nguyen (2001) 33 MVA 37. PARTIES : Iva Peric-Davies - Appellant Sankhairi Mazdo - Respondent FILE NUMBER(S) : CA 40748/02 COUNSEL : P Webb QC & D A Allen - Appellant P Deakin QC & J Sewell - Respondent SOLICITORS : Colin Daley Quinn, Kogarah - Appellant Vandervords - Respondent
LOWER COURT District Court JURISDICTION : LOWER COURT DC 8942/00 FILE NUMBER(S) : LOWER COURT Rein DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40748/02 DC 8942/00
GILES JA HODGSON JA BELL J
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