Rayment v James [1999] NSWCA 101

New South Wales Court of Appeal CITATION : Rayment v James [1999] NSWCA 101 FILE NUMBER(S) : CA 40811/97 HEARING DATE(S) : 1 April 1999 JUDGMENT DATE : 21 April 1999

PARTIES : Allan John RAYMENT v Michael JAMES JUDGMENT OF : Sheller JA at 1; Stein JA at 2; Fitzgerald JA at 28

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : DC 42/87 LOWER COURT JUDICIAL OFFICER : McGuire DCJ

COUNSEL : J.L. Glisson QC/D.S. Wilkins (Appellant) H. Di Suvero (Respondent) SOLICITORS : Barry F. Cosier & Associates (Appellant) Holman Webb (Respondent) CATCHWORDS : MOTOR VEHICLE ACCIDENT - who was the driver of the vehicle? - unsigned statement made to police by respondent admitting that he was the driver - prior inconsistent statement made by witness - evidence of rescuers - evidence corroborative of the appellant's - weight to be attached to evidence - inferences to be drawn from the evidence ACTS CITED : n/a CASES CITED: SRA (NSW) v Earthline Constructions Pty. Ltd (1999) 73 ALJR 306 Warren v Coombes (1978 - 1979) 142 CLR 531 DECISION : Appeal Allowed

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40811/97 DC 42/87

SHELLER JA STEIN JA FITZGERALD JA

Wednesday, 21 April 1999

Allan John RAYMENT v Michael JAMES

On 27 August 1983 the appellant/plaintiff and the respondent/defendant were travelling in a motor vehicle when it careered off the road and struck a telegraph pole. Several facts were undisputed. The appellant and respondent had been drinking together for many hours prior to the accident. Whilst the two were drinking at a hotel the respondent's estranged wife and his defacto arrived. An argument then ensued between the respondent and his defacto. This led the group to leave the hotel, moving across the road to a small park. There the respondent and his defacto continued to argue. The respondent's defacto seized his keys and the two then struck each other.