Recent Cases

Dungan v Padash [2021] NSWCA 66 (23 April 2021) (White JA at [1], McCallum JA at [64], Emmett AJA at [82])


NEGLIGENCE — Causation — Motor vehicle accident — Where plaintiff diagnosed with adjustment disorder secondary to back injury caused by accident — Where back injury consisted in the aggravation of existing degenerative changes — Whether psychiatric injury remained causally related to the accident even after physical restrictions attributable to the accident subsided