Nominal Defendant v Byrne [2002] NSWCA 17

New South Wales Court of Appeal

CITATION : Nominal Defendant v Byrne [2002] NSWCA 17 FILE NUMBER(S) : CA 40160 of 2001 HEARING DATE(S) : 04/02/02 JUDGMENT DATE : 14 February 2002

The Nominal Defendant and Timothy Slattery PARTIES : v Nora Mary Byrne JUDGMENT OF : Meagher JA at 1; Stein JA at 9

LOWER COURT JURISDICTION : District Court LOWER COURT DC 70240 of 1998 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :

COUNSEL : A: Mr P Webb QC with Mr Royle R: Mr Fennell SOLICITORS : A: Stewart Cuddy & Mockler R: Aubrey Brown Partners CATCHWORDS : Motor Vehicle Accident - whether trial judge failed to consider defendant's evidence - appeal dismissed. LEGISLATION CITED : Motor Accidents Act 1988 DECISION : Appeal dismissed with costs.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40160 of 2001 DC 70240 of 1998 MEAGHER JA STEIN JA

Thursday, 14 February 2002 THE NOMINAL DEFENDANT & ANOR v NORA MARY BYRNE

THE FACTS

The respondent successfully sued The Nominal Defendant and the Second Defendant at trial and was awarded $711 794.40 damages for injuries suffered by her in a motor vehicle accident. The ground of appeal contended for was that the trial judge not only failed to take cognisance of the defendant's evidence, but positively denied it existed, by stating that there was no medical evidence for the defendant except that of Dr T.