NSW Caselaw
New South Wales Court of Appeal
CITATION : Gamma Illumination Pty Limited v Cvrkalj [2003] NSWCA 237 HEARING DATE(S) : 19/08/03 JUDGMENT DATE : 4 September 2003
JUDGMENT OF : Meagher JA at 1; Handley JA at 2; Ipp JA at 3 DECISION : Appeal dismissed with costs.
CATCHWORDS : EVIDENCE - Reliability of plaintiff's evidence at trial - Whether trial judge erred in preferring the respondent's expert to the appellant's expert witness - Whether trial judge erred in rejecting the evidence of an expert witness for the appellant - Whether the trial judge should have disbelieved the respondent entirely where respondent lied about certain matters - NEGLIGENCE - Causation - Whether trial judge erred in finding that the work practices followed by the respondent caused her injuries - DAMAGES - Whether trial judge erred in assessment of damages. ND CASES CITED : Sullivan v Gordon (1999) 47 NSWLR 319 PARTIES : Gamma Illumination Pty Limited (Appellant) Milica Cvrkalj (Respondent) FILE NUMBER(S) : CA 40746/02 COUNSEL : J Hislop QC/J Chapman (Appellant) C Hoeben SC/C Thompson (Respondent) SOLICITORS : McCulloch & Buggy (Appellant) Carroll & O'Dea (Respondent)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 6684/00 FILE NUMBER(S) : LOWER COURT Phegan DCJ JUDICIAL OFFICER :
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40746/02 DC 6684/00
MEAGHER JA HANDLEY JA IPP JA
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