NSW Caselaw
New South Wales Court of Appeal
CITATION: Brown v Harding [2008] NSWCA 51
HEARING DATE(S): 26 October 2007
JUDGMENT DATE: 31 March 2008
JUDGMENT OF: Hodgson JA; Hidden J; Hislop J
DECISION: (1) Appeal allowed. (2) Set aside the verdict and judgment for the respondent and any orders as to costs. (3) Remit the proceedings to the District Court for rehearing. (4) The costs of the hearing in the District Court before Balla DCJ to be in the discretion of the judge rehearing the proceedings. (5) The respondent to pay the appellant's costs of the appeal.
CATCHWORDS: TORT - motor vehicle accident - personal injury - liability - acceptance of evidence of witness.
LEGISLATION CITED: Motor Accidents Compensation Act 1999
Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Malco Engineering Pty Ltd v Ferreira (1994) 10 NSWCCR 117 Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED: Fox v Percy (2003) 214 CLR 118 Kickett v SGIC (1997) 26 MVR 321 Cook v Cook (1986) 162 CLR 376 Gala v Preston (1991) 172 CLR 242
PARTIES: Irshad Ali Brown by his tutor Ian Brown (Appellant) Scott Harding (Respondent)
FILE NUMBER(S): CA 40350/2006
COUNSEL: B Dooley SC/P Cummings (Appellant) J N Gleeson QC/B Smith (Respondent)
SOLICITORS: Marshall & Partners (Appellant) Moray & Agnew (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 3216/2005
LOWER COURT JUDICIAL OFFICER: Balla DCJ
LOWER COURT DATE OF DECISION: 19 May 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40350/2006 DC 3216/2005
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