Rossi v Westbrook & Anor

• 1. Damages
  2. › Measure and remoteness of damages in actions for tort
  3. › Personal injuries
  4. › Assessment of severity of symptoms
  5. › Whether trial judge erred in finding symptoms not serious enough to require care and assistance or affect earning capacity
  6. › Civil Liability Act 2003 (Qld), ss 55, 59
• 1. Evidence
  2. › Burden of proof, presumptions, and weight and sufficiency of evidence
  3. › Credibility and weight
  4. › Party's failure to give or call evidence
  5. › Whether principles in Jones v Dunkel applicable
  6. › Whether adverse inference should be drawn from failure to call spouse as witness
• 1. Evidence
  2. › Expert evidence
  3. › Physiotherapists' evidence
  4. › Inconsistency between reported symptoms and observed functional capacity
  5. › Whether trial judge erred in relying on physiotherapists' observations

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