NSW Caselaw
New South Wales Court of Appeal
CITATION: Qantas Airways Ltd v Lisica [2007] NSWCA 371 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 25 May 2007
JUDGMENT DATE: 18 December 2007
JUDGMENT OF: Beazley JA at 1; Ipp JA at 68; McColl JA at 69
DECISION: 1. Appeal allowed with costs; 2. Respondent to have a certificate under the Suitor's Fund Act if so qualified; 3. Parties to bring in short minutes of order, on or before 30 January 2008, to accord with the reasons.
CATCHWORDS: DAMAGES — Personal injury — plaintiff with psychiatric disorder partly caused by sequelae of workplace injury and partly by marriage breakdown — real probability that had workplace injury had not occurred plaintiff might have suffered from a mental illness or condition that might have caused him pain and suffering and prevented him from improving his qualifications — failure by primary judge to evaluate the increased likelihood that plaintiff would have suffered pain and suffering, as well as economic loss, due to his psychiatric disorder even if workplace injury had not occurred material error warranting re-assessment of damages
Suitors' Fund Act 1951 LEGISLATION CITED: Workers Compensation Act 1987 Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005
Chappel v Hart [1998] HCA 55; (1998) 195 CLR 232 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Fightvision Pty Ltd v Onisforou [1999] NSWCA 323; (1999) 47 NSWLR 473 Jobling v Associated Dairies Ltd [1982] AC 794 K-Mart Australia Ltd v McCann [2004] NSWCA 283 Malec v J C Hutton Pty Ltd [1990] HCA 20; (1990) 169 CLR 638 CASES CITED: Mallet v McMonagle [1970] AC 166 Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1 Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164 Seltsam Pty Ltd v Gahleb [2005] NSWCA 208; (2005) 3 DDCR 1 State of New South Wales v Burton [2006] NSWCA 12 Watts v Rake [1960] HCA 58; (1960) 108 CLR 158 Wiki v Atlantis Relocations (NSW) Pty Limited [2004] NSWCA 174; (2004) 60 NSWLR 127
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate