COIRO v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1993] NSWCA 66

COIRO v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, HANDLEY and Cripps JJA 11 May 1993, 11 May 1993 [1993] NSWCA 66

MOTOR VEHICLE ACCIDENT — liability — no question of principle. The plaintiff sued the defendant for personal injuries arising out of a motor vehicle collision. The two vehicles had collided head-on travelling in opposite directions but in each case the damage was to the left hand front of the vehicle. The evidence of the two drivers was in direct conflict, there were no independent witnesses, and the objective facts did not enable any clear inferences to be drawn. The trial Judge rejected the plaintiffs evidence. On appeal: Held: The findings of fact by the trial Judge depended significantly on his assessment of the credibility of the two witnesses. The Court was not entitled to reverse those findings.

Handley JA This is an appeal by a plaintiff from a decision of his Honour Judge Sinclair QC who heard proceedings in which the plaintiff sued for damages arising out of a motor vehicle accident which occurred on 19 May 1986 in Old Northern Road near Glenorie.

There were no eye witnesses to the accident other than the plaintiff himself and a Mr Robinson who was the driver of the other vehicle.

As his Honour said in his reasons, the primary facts were few and inconclusive. The position of the vehicles after the accident was recorded by Constable Rollo, the police officer who attended the scene who arrived before the vehicles had been moved. The trial Judge accepted that Constable Rollo's sketch, which is in evidence, accurately showed the position of the vehicles.

The other objective fact which is not disputed is that although the vehicles had in substance a head-on collision, the damage to both vehicles was on the left hand front of each of them, indicating that one or other or both of the vehicles were on the wrong side of the road. Normally when two vehicles collide at or near the centre line on the road, the damage to the vehicles will be concentrated on the right hand off-side of each and the left hand off-side is likely to be less damaged or free of damage.