NSW Caselaw
New South Wales Court of Appeal
CITATION : Curtiss v Osman [2004] NSWCA 435 HEARING DATE(S) : 18 October 2004 JUDGMENT DATE : 2 December 2004
JUDGMENT OF : Hodgson JA at 1; Bryson JA at 4; McClellan AJA at 5 DECISION : Appeal dismissed with costs
CATCHWORDS : NEGLIGENCE: motor vehicle accident - whether trial judge erred in failing to find contributory negligence - findings of fact by a trial judge - whether sum awarded for damages by trial judge excessive - whether trial judge erred in accepting the conclusion of the respondent's doctors in relation to the severity of his injury - consideration of the admissibility of a doctor's opinion and the weight to be afforded to it when the doctor may not have a full history of the plaintiff LEGISLATION CITED : Motor Accidents Act 1988 (NSW) s 78A(6) Abalos v Australian Postal Commission (1990) 171 CLR 167 CASES CITED : Devries v Australian National Railways Commission (1993) 177 CLR 472 Paric v John Holland (Constructions) Pty Ltd (1985) 59 ALJR 844 Ramsay v Watson (1961) 108 CLR 642 PARTIES : Anthony Curtiss (Appl) Ali Osman (Resp) FILE NUMBER(S) : CA 41120/03 COUNSEL : L King SC (Appl) D E Baran (Resp) SOLICITORS : Stewart Cuddy & Mockler (Appl) Kheir & Associates (Resp)
LOWER COURT District Court JURISDICTION : LOWER COURT DC231/02 FILE NUMBER(S) : LOWER COURT Certoma ADCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 41120/03 DC 231/02
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