BROWN v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL HANDLEY, SHELLER and COLE JJA 21 June 1996 [1996] NSWCA 71 MOTOR VEHICLE ACCIDENT — personal injuries — credibility of witness Sheller JA. This is an appeal from a judgment given by his Honour Judge Downs QC on 11 August 1995 in proceedings wherein the appellant, Margaret Brown, claimed damages for personal injury sustained by her on 20 November 1987 when the vehicle she was driving crossed to the incorrect side of Ramsgate Road, Kogarah Bay and collided with a small lorry. His Honour found against the appellant and entered a verdict for the defendant respondent. The appellant claimed that an unknown vehicle had run into her vehicle forcing it onto the incorrect side of the road. She gave an account of events involving three youths she had earlier encountered at about 7.30pm outside a milk bar in Cronulla. One of these youths was armed with and displayed a knife. According to her story they followed her in another car ultimately coming alongside and bumping the passenger side of her vehicle. The appellant alleged it was this conduct which caused her to cross on to the incorrect side of the road. Evidence was given by David Kettlewell, the driver of the truck, which was proceeding in the opposite direction, that is to say in an easterly direction in Ramsgate Road, and Ms Marr, the driver of another vehicle proceeding alongside Mr Kettlewell's truck. Both of these witnesses said that they had not seen any other vehicle coming in the opposite direction in the vicinity of the appellant's vehicle before the accident. His Honour said that on the evidence that they had given he was not satisfied that the incidents occurred as the appellant described them. He went on to say that he found the appellant to be an unsatisfactory witness and expressed a number of reasons for that conclusion. He ultimately said that he was satisfied that the appellant veered to the incorrect side of the road because she was not looking where she was going and she crossed to her incorrect side of the roadway because she failed to negotiate the kerb. This result is challenged by Mr Smith, who appeared for the appellant. Mr Smith has taken us in some detail to the evidence of both Mr Kettlewell and Ms Marr to make the point, in the case of Mr Kettlewell, that his view eastwardsalong Ramsgate Road may have been to some extent restricted prior to the accident, and by examining some of the evidence of Ms Marr, to suggest that she did not observe the appellant's vehicle at any great distance and therefore would not have observed a second car had it been present. I find these submissions entirely unconvincing. His Honour having made the findings that he did reached a conclusion which was open on the basis of the findings. No ground has been advanced which would enable this Court in accordance with authority to interfere with those findings. Accordingly, no ground is shown for interfering with the conclusion to which his Honour came. I would propose that the appeal be dismissed with costs. 2 UNREPORTED JUDGMENTS Handley JA. I agree. Cole JA. I also agree. 5 Orders accordingly. Counsel for the appellant: RA Smith Solicitors for the appellant: Jan M Genge 10 Counsel for the respondent: DJ Russell Solicitors for the respondent: RJ Walters