Sdrolias v Allianz Australia Insurance Ltd

[2022] NSWCA 20

NSW Court of Appeal

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Interrogate

Catchwords

1. Negligence
2. › Causation
3. › Purely psychiatric injury
4. › Post-traumatic stress disorder
5. › Whether plaintiff's account of traumatic event and symptoms established on balance of probabilities
6. › Whether error in primary judge's fact-finding demonstrated
1. Appeal
2. › Standard of appellate review
3. › Findings of fact based on credibility
4. › Deference to trial judge's advantage in hearing evidence
5. › Whether findings demonstrated to be wrong by incontrovertible facts, glaringly improbable, or contrary to compelling inferences

Quick Take

Credibility-based findings are difficult to overturn on appeal, particularly in psychiatric injury claims where diagnostic criteria depend heavily on self-report.