NSW Caselaw
Reported Decision : [2000] 32 MVR 179
New South Wales Court of Appeal
CITATION : KASSEM v CROSSLEY & ANOR; KASSEM v KRAYEM & ANOR [2000] NSWCA 276 FILE NUMBER(S) : CA 40930/98; 40931/98 HEARING DATE(S) : 13 June 2000 JUDGMENT DATE : 13 June 2000
PARTIES : Jamal KASSEM v Roy CROSSLEY & Anor Jamal KASSEM v Souhad KRAYEM & Anor JUDGMENT OF : Mason P at 1; Heydon JA at 31; Clarke AJA at 32
LOWER COURT JURISDICTION : District Court LOWER COURT 6249/97 FILE NUMBER(S) : 6250/97 LOWER COURT Blackman ADCJ JUDICIAL OFFICER :
Appellant: D Wheelahan QC/ M Sneddon COUNSEL : 1st Respondent: J McIntyre 2nd Respondent: D Ronzani Appellant: Robinson Solicitors SOLICITORS : 1st Respondent: Ferguson Holz 2nd Respondent: Henry Davis York CATCHWORDS : Motor vehicle accident - damages - whether trial judge fairly disclosed intention to rely upon her observations of appellant's behaviour in court room - trial judge's silence as to intention to rely on observations until disclosed in reserved final judgment - appellant to have opportunity to persuade decision maker to a favourable view of conduct in question - denial of procedural fairness - (ND). DECISION : Appeal allowed. See par 30.
THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40930/98 CA 40931/98
MASON P HEYDON JA CLARKE AJA
Tuesday 13 June 2000
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