NSW Caselaw
New South Wales Court of Appeal
CITATION: Majkic v Bonanno [2008] NSWCA 253
HEARING DATE(S): 26/9/08
JUDGMENT DATE: 16 October 2008
JUDGMENT OF: Giles JA at 1; Bell JA at 2; Sackville AJA at 30
1. Allow the appeal. DECISION: 2. Set aside the verdict and judgment of the District Court given on 13 December 2007 and remit the proceedings to the District Court for determination of the quantum of the appellant's damages. 3. The respondent is to pay the appellant's costs of the hearing below and of the appeal. The respondent is to receive an indemnity certificate under s 6 of the Suitors' Fund Act 1951 (NSW) if qualified.
CATCHWORDS: Insufficiency of reasons - failure to make critical factual findings
LEGISLATION CITED: Motor Accidents Compensation Act 1999 (NSW)
CATEGORY: Principal judgment
CASES CITED: Jones v Bradley [2003] NSWCA 81 Larson v Commissioner of Police [2004] NSWCA 126
PARTIES: Zelfko Majkic (Appellant) Roslyn Angela Bonanno (Respondent)
FILE NUMBER(S): CA 40924/07
COUNSEL: Mr K Andrews (Appellant) Mr B G Smith (Respondent)
SOLICITORS: Keddies (Appellant) Sparke Helmore (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 8472/02
LOWER COURT JUDICIAL OFFICER: Hughes DCJ
LOWER COURT DATE OF DECISION: 13/12/07
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40924/07 DC 8472/02
GILES JA BELL JA SACKVILLE AJA
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