GJORGJEVSKI v MISKOS [1999] NSWCA 170

New South Wales Court of Appeal CITATION : GJORGJEVSKI v MISKOS [1999] NSWCA 170 revised - 22/06/99 FILE NUMBER(S) : CA 40896/97 HEARING DATE(S) : 5 March 1999 JUDGMENT DATE : 5 March 1999

PARTIES : Sonja GJORGJEVSKI v Nicholas MISKOS JUDGMENT OF : Mason P at 1; Beazley JA at 33; Sheppard AJA at 34

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 110/97 LOWER COURT JUDICIAL OFFICER : Christie DCJ

COUNSEL : M Thompson (Appellant) M J Neil QC/G J Bellew (Respondent) SOLICITORS : Carroll & O'Dea (Appellant) Bruce & Stewart (Respondent) CATCHWORDS : Motor accident - Injury to ankle - Identification of driver of offending vehicle - Alleged failure of trial judge to consider evidence before him and to provide sufficient reasons DECISION : Appeal dismissed with costs

- 14 - THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40896/97 MASON P BEAZLEY JA SHEPPARD AJA

Friday 5 March 1999

SONJA GJORGJEVSKI v NICHOLAS MISKOS

JUDGMENT 1 MASON P: The appellant's evidence at trial was that on the morning of 13 July 1995 she was in Brown Lane, Newtown, a laneway near King Street. She had been driven there by her father to do shopping. Her house was in Sydenham. The appellant was twenty seven years old at the time. The lane was partly obstructed by a pile of plastic bread containers. The appellant got out of the vehicle to move the obstruction so that her father could park. Another vehicle started backing into the spot. The appellant said "hello, can you see me?". The driver kept reversing. He said that he owned the building and would like to park. Words continued to be exchanged as the driver kept backing, eventually bumping the appellant with his vehicle. The appellant said "As he bumped me, I went down. As I went down, he took off. I tried to get up and I couldn't."