SHARON COBB v TROY LEE COBB [1996] NSWCA 108

SHARON COBB v TROY LEE COBB SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

HANDLEY JA, COLE JA and BEAZLEY JA 13 May 1996 [1996] NSWCA 108

MOTOR VEHICLE ACCIDENTS — assessment of injury — weight of evidence — bias.

The plaintiff was injured in a motor vehicle accident on 17 February 1993. The trial judge held that her case did not pass the threshold in s 79(1) of the Motor Accidents Act 1988. The plaintiff alleged that inadequate weight was given to the documentary medical evidence in her case and her evidence and that excessive weight was given to the oral evidence of the respondent's medical specialist whose evidence was coloured by bias.

HELD: dismissing the appeal: (1) In accordance with Abalos v Australian Postal Commission (1990) 171 CLR 167, there were no glaringly improbable findings or established incontrovertible facts that were inconsistent with the judge's findings; (2) The alleged bias was a question of fact for the trial judge in the light of the cross-examination and there was no basis on which the Court could interfere.

Handley JA. This is an appeal by the plaintiff, Sharon Cobb, now an adult, against the assessment of her damages by Philip Bell DCJ in the District Court at Parkes on 1 September 1995. The appellant was injured when a motor vehicle in which she was travelling as a passenger in the back seat was involved in a rear end collision on 17 February 1993.

The judge held that the plaintiff had not established that her case passed the threshold in s 79 (1) of the Motor Accidents Act and he entered a verdict for the defendant.

The only witnesses called in the case were the plaintiff, and Dr Meachin, an orthopaedic specialist, called for the defendant. Other medical evidence was given in report form.

There were, in particular, reports from the plaintiffs general practitioner who saw her on 6 April 1993, some two months after the accident, and then on a number of occasions up to 23 January 1995.