NSW: Balcony collapse victim keeps compensation

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NSW: Balcony collapse victim keeps compensation

SYDNEY, Dec 2 AAP - A man who suffers from a major depressive disorder triggered whena balcony collapsed under him at a Sydney club will keep a damages payout of more than$300,000.

Cameron Skene successfully sued the Manly Municipal Council for negligence over thecollapse of a balcony at the Manly Youth and Community Centre, on Sydney's north shore,during a rock concert in February 1993.

More than 30 others also sued the council which was found liable for the accident.

A NSW District Court judge awarded Mr Skene, from Sydney's northern beaches, $307,150after finding he suffered a major depressive disorder which was a consequence of the balconyfall.

The council appealed against the damages award arguing the judge had erred by findingMr Skene's psychiatric illness and psychological state was caused by the fall.

But today the NSW Court of Appeal dismissed the council's appeal, finding that thejudge had not made any error.

"The parties gave the trial judge a troubling decision to make on less than satisfactorymaterials in circumstances of inevitable difficulty," Justice John Heydon said.

"He has not been shown to have failed to execute that task satisfactorily."

AAP gl/arb/mg/br

KEYWORD: SKENE