Gruber v Blake [2003] NSWCA 256

New South Wales Court of Appeal

CITATION : Gruber v Blake [2003] NSWCA 256 HEARING DATE(S) : 04/09/03 JUDGMENT DATE : 4 September 2003

JUDGMENT OF : McColl JA at 30, 32; Young CJ in Eq at 1-29; Davies AJA at 31 DECISION : Her Honour's judgment shows careful analysis of the evidence. There are no grounds upon which to overturn the findings of fact. Appeal dismissed with costs.

CATCHWORDS : The appellant and respondent had driven into town together, where they had a number of drinks at a hotel. Upon their drive home their vehicle ran off the road and serious injuries ensued. Both parties claimed the other had been driving. The trial judge found there was conflicting evidence, but decided there was sufficient evidence, when expert evidence interpreting the injury patterns to the bodies of the parties was assessed, to suggest that the appellant had been driving when the accident occurred. On appeal the appellant argued the trial judge had given insufficient weight, or failed to consider, vital evidence. TORTS- Personal injury- Whether appellant or respondent driving- Question of fact- Grounds on which trial judge's finding of fact may be overturned- Judicial reasoning- Not practical to state each pertinent factor and address every nuance that affects the finding of fact. (ND) CASES CITED : Fox v Percy (2003) 77 ALJR 989 Jones v Dunkel (1959) 101 CLR 298 PARTIES : Natalie Louise Gruber (Appellant) Roderick Andrew Blake (Respondent) FILE NUMBER(S) : CA 41188/02 COUNSEL : R R Bartlett SC and W F Fitzsimmons (Appellant) K Rowell SC and C Thompson (Respondent) SOLICITORS : Sparke Helmore (Appellant) Robert H Storey (Respondent)