Hoblos v Alexakis

• 1. Torts
  2. › Damages
  3. › Personal injury
  4. › Assessment of damages
  5. › Plaintiff's unreliability as witness
  6. › Whether inability to quantify damages on rational basis entitled court to award no damages
  7. › Whether compensatory principle requires assessment however difficult where some injury established
• 1. Torts
  2. › Damages
  3. › Personal injury
  4. › Psychiatric injury
  5. › Major depressive disorder
  6. › Whether evidence of exaggeration or malingering inconsistent with diagnosis of depression
  7. › Whether medical opinions vitiated by unreliable self-reporting where experts aware of unreliability
  8. › Civil Liability Act 2002 (NSW), s 33
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact based on credibility
  4. › Whether appellate court may set aside findings where medical evidence supports compelling inference contrary to primary judge's conclusion
  5. › Fox v Percy (2003) 214 CLR 118
• 1. Practice and Procedure
  2. › Assessment of damages on appeal
  3. › Whether Court of Appeal should assess damages or remit to District Court
  4. › Proportionality of costs to interest at stake
  5. › Civil Procedure Act 2005 (NSW), ss 56, 60

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