NSW Caselaw
New South Wales Court of Appeal
CITATION: O'Halloran v Roth [2008] NSWCA 65
HEARING DATE(S): 4 April 2008
JUDGMENT DATE: 15 April 2008
JUDGMENT OF: Giles JA at 1; Hodgson JA at 2; Young CJ in Eq at 57
(1) Leave granted to appeal and to cross-appeal. DECISION: (2) Notice of appeal and notice of cross-appeal to be filed within 14 days. (3) Appeal and cross-appeal dismissed. (4) Defendant to pay three-quarters of the plaintiff's costs of the appeal and cross-appeal.
CATCHWORDS: TORT – Negligence – Appeal – Whether decision of primary judge materially affected by reference to parts of experts' reports not admitted into evidence – Whether findings of fact glaringly improbable – Whether apportionment of responsibility for accident appealably wrong.
LEGISLATION CITED: UCPR 51.53
CATEGORY: Principal judgment
Blatch v Archer (1774) 1 Cowp 63 at 64, 98 ER at 970 Hughes v Kirby NSWCA 27/9/91 CASES CITED: Jones v Dunkel (1959) 101 CLR 298 King v Collins [2007] NSWCA 122 Mastronardi v State of New South Wales [2007] NSWCA 54
PARTIES: Michael Thomas O'HALLORAN (Appellant) Maria ROTH (Respondent)
FILE NUMBER(S): CA 40198/07
COUNSEL: C E ADAMSON SC/ B A P KELLEHER (Appellant) B M J TOOMEY QC/ M L HOLZ (Respondent)
SOLICITORS: Hunt & Hunt (Appellant) Allenson Benn Law Practice (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 20256/05
LOWER COURT JUDICIAL OFFICER: Hall J
LOWER COURT DATE OF DECISION: 9 March 2007
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