NSW Caselaw
New South Wales Court of Appeal
CITATION: Hume v Walton [2005] NSWCA 148
HEARING DATE(S): 20 October 2004
JUDGMENT DATE: 9 May 2005
JUDGMENT OF: Tobias JA at 1; McColl JA at 2
DECISION: (1) Appeal allowed (2) Set aside the judgment of and orders made by her Honour Judge Sidis on 4 December 2003 (3) Remit the matter to the District Court for reassessment of the respondent's damages (4) Respondent to pay the appellant's costs of the appeal but to have a certificate under the Suitors' Fund Act 1951 if otherwise entitled (5) Costs of the first trial are to be within the discretion of the judge conducting the new trial.
CATCHWORDS: COURTS AND JUDGES - reasons for decision - requirement that critical evidence be analysed - duty to give reasons for preferring one case over the other - Court of Appeal - orders - new trial - whether appellant's case was adequately considered by primary judge - whether "substantial wrong or miscarriage of justice" - Supreme Court Rules 1970 Pt 51, r 23. (ND)
District Court Rules 1973 LEGISLATION CITED: Supreme Court Rules 1970 Suitors' Fund Act 1951
Archibald v Byron Shire Council [2003] NSWCA 292; (2003) 129 LGERA 311 Bright v Joodie Holdings No 2 Pty Ltd [2005] NSWCA 134 CASES CITED: Dixon v Whisprun Pty Ltd [2001] NSWCA 344 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Mifsud v Campbell (1991) 21 NSWLR 725;
John Hume (Appellant) PARTIES: Vicki May Walton (Respondent)
FILE NUMBER(S): CA 41223/03
K P Rewell SC/E G Romaniuk (Appellant) COUNSEL: D J Russell SC/B A Bachelor (Respondent)
Thomas Laycock (Appellant) SOLICITORS: Armstrongs (Respondent)
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