NSW Caselaw
New South Wales Court of Appeal
CITATION : Moxham v Kaal & Ors [2004] NSWCA 298 HEARING DATE(S) : 13 July 2004 JUDGMENT DATE : 1 September 2004
JUDGMENT OF : Sheller JA at 1; Beazley JA at 2; Hodgson JA at 53 DECISION : Appeal dismissed with costs.
CATCHWORDS : EVIDENCE - essential tasks of a judge - acceptance and rejection of evidence - making of findings on evidence - tasks must be carried out even where evidence given by a party is not wholly consistent - EVIDENCE - drawing a Jones v Dunkel inference does not solve any insufficiency in the evidence of the opposing party - EXPERT EVIDENCE - Evidence Act 1995 (NSW), s.79 - person put forward as expert must have experience specifically relevant to the issue about which they give evidence LEGISLATION CITED : Evidence Act 1995 (NSW) CASES CITED : Duggan v Ampelite Fibreglass Pty Limited [2003] NSWCA 357 Fitzgibbon v Waterways Authority [2003] NSWCA 294 Lisa Moxham (Appellant) Phil Kaal (First Respondent) PARTIES : Joe Kaal (Second Respondent) Toukley Aquatic Club Ltd (Third Respondent) New South Wales Water Ski Association Ltd (Fourth Respondent) Waterways Authority (Fifth Respondent) FILE NUMBER(S) : CA 40928/03 COUNSEL : D Wheelahan QC; A McSpedden (Appellant) AC Bridge SC; R Cavanagh (Respondents) SOLICITORS : Marsdens (Appellant) Boyd House & Partners (Respondents)
LOWER COURT District Court JURISDICTION : LOWER COURT DC 81/02 FILE NUMBER(S) : LOWER COURT Robison DCJ JUDICIAL OFFICER :
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40928/03 DC 81/02
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