NSW INSURANCE MINISTERIAL CORPORATION v RYAN [1993] NSWCA 201

NSW INSURANCE MINISTERIAL CORPORATION v RYAN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MEAGHER and SHELLER JJA 1 October 1993, 1 October 1993 [1993] NSWCA 201

NEGLIGENCE — motor vehicles — unidentified vehicle — blinding lights — judge accepts plaintiff- limits on appellate view

NEGLIGENCE — motor vehicle — unidentified vehicle — intense lights allegedly drive plaintiff's vehicle from highway — plaintiff affected by alcohol — trial judge (Herron DCJ) accepts truthfulness of plaintiff's allegation about unidentified motor vehicle — finds verdict for plaintiff- on appeal

JUDGES — reasons — duty to give — motor vehicle accident — plaintiffs vehicle allegedly driven from highway by oncoming vehicle with intense lights — trial judge fails to examine with precision versions of incident given by plaintiff- accepts as truthful his allegation of oncoming lights as the cause of his leaving the road — whether reasons inadequate

JUDGES — reasons — duty to give — obligation to state grounds — held: judge did so.

Held - appeal dismissed.

Held:

(1) Having regard to the finding of the trial judge, accepting the evidence of the plaintiff, the judgment entered was immune from appellate disturbance unless contradicted by incontrovertible evidence or otherwise palpably erroneous.

Abalos v Australian Postal Commission (1990) 171 CLR 167 applied;

(2) There was no incontrovertible contrary evidence nor was the conclusion plainly erroneous, once the trial judge accepted the truthfulness of the plaintiff;

(3) Judgment affirmed.

Held:

(1) The duty of the trial judge was to state the ground for his decision.

Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 (CA);

(2) That ground was the acceptance of the plaintiffs veracity;

(3) The judge was not duty bound to examine all of the facts;

(4) The reasons given were adequate and the judgment which followed was sustained.