Patrick v Howorth [2003] NSWCA 18

New South Wales Court of Appeal

CITATION : Patrick v Howorth [2003] NSWCA 18 HEARING DATE(S) : 11/11/02 JUDGMENT DATE : 14 February 2003

JUDGMENT OF : Meagher JA at 1; Giles JA at 20; Hodgson JA at 21 DECISION : Appeal dismissed with costs.

CATCHWORDS : Motor Vehicle Accident - trial judge's findings of fact - whether reversible by Court of Appeal - credit. LEGISLATION CITED : Pt 9 r 27 District Court Rules Evidence Act ss 122, 126 CASES CITED : House v The King (1936) 55 CLR 499 Albert Patrick PARTIES : v Victoria Howorth FILE NUMBER(S) : CA 40255 of 2000 COUNSEL : A: In Person R: C Charteris SOLICITORS : A: In Person R: Creagh & Creagh Solicitors

LOWER COURT District Court JURISDICTION : LOWER COURT DC 7038/99 FILE NUMBER(S) : LOWER COURT Herron DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40255 of 2002

MEAGHER JA GILES JA HODGSON JA

Friday, 14 February 2003 ALBERT PATRICK v VICTORIA HOWORTH

FACTS

On 3 April 1998, the parties to this appeal were involved in a trivial motor vehicle accident, in which the respondent (the defendant below) drove her vehicle into the rear end of a vehicle driven by the appellant.

In his Statement of Claim, the appellant (the plaintiff below, who appeared unrepresented) alleged that he had sustained catastrophic injuries. The respondent admitted breach of duty of care, but strenuously disputed injury. The details of the appellant's claim, and the medical ramifications thereof, are set out in the judgments of Meagher and Hodgson JJA below.