NSW Caselaw
Appeal Outcome: Special leave application granted by the High Court - 6 December 2007
New South Wales Court of Appeal
CITATION: Collins v Tabart [2007] NSWCA 78 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 20 March 2007
JUDGMENT DATE: 4 April 2007
JUDGMENT OF: Mason P at 1; Beazley JA at 1; Tobias JA at 1
DECISION: Appeal dismissed with costs.
CATCHWORDS: Appeal – interference with judge's findings of fact – findings based on credibility of witnesses – whether trial judge erred in resolving conflicts in evidence - Appeal – inconsistency of plaintiff's evidence with objectively established facts
LEGISLATION CITED: Supreme Court Act 1970 (NSW) s 45(4)
Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Waterways Authority v Fitzgibbon (2005) 221 ALR 402; [2005] HCA 57
PARTIES: Peter Charles Collins (Appellant) John Kimberley Tabart (Respondent)
FILE NUMBER(S): CA 40463/06
COUNSEL: BM Toomey QC; G Farmer (Appellant) SG Campbell SC (Respondent)
SOLICITORS: Walker Smith Solicitors (Taree) TL Lawyers (Newcastle)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 26/2004
LOWER COURT JUDICIAL OFFICER: Gibb DCJ
LOWER COURT DATE OF DECISION: 21 June 2006
- 14 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40463/06
MASON P BEAZLEY JA TOBIAS JA
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