NSW Caselaw
New South Wales Court of Appeal
CITATION: Khan v Polyzois [2006] NSWCA 59
HEARING DATE(S): 20/02/2006
JUDGMENT DATE: 12 April 2006
JUDGMENT OF: Mason P at 1; Hislop J at 2
DECISION: 1) Appeal upheld; 2) Judgment for the respondent be set aside and in lieu thereof there be judgment for the appellant; 3) The judgment monies of $86,204.00 paid into the District Court on behalf of the appellant on 5 October 2004 pursuant to order of Judge Twigg made on 20 September 2004 together with any interest that has accumulated thereon be repaid; 4) The respondent pay the appellant's costs of the appeal and in court below and is to have a certificate under the Suitor's Fund Act 1951 if otherwise qualified.
CATCHWORDS: Medical negligence - Damages - Civil Liability Act 2002
LEGISLATION CITED: Civil Liability Act 2002 - ss 13, 16, Part 2 Workers Compensation Act 1987 - ss 66, 67, 151Z
Medlin v State Government Insurance Commission (1995) 182 CLR 1 CASES CITED: Penrith City Council v Parks [2004] NSWCA 201 Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 118 Precision Plastics Pty Limited v Demir (1975) 49 ALJR 281
PARTIES: Applicant - Hamid Khan Respondent - John Polyzois
FILE NUMBER(S): CA 40755/04
COUNSEL: Applicant - Mr S.D. Kalfas SC Respondent - Ms S. Norton SC with Ms L. Goodchild
SOLICITORS: Applicant - Australasian Medical Insurance Ltd Respondent - Brydens Law Office LP
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 2988/03
LOWER COURT JUDICIAL OFFICER: Twigg ADCJ
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IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40755/04
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