Shoesmith v Cessnock Truck Tyre Centre Pty Ltd [2008] NSWCA 342

New South Wales Court of Appeal

CITATION: Shoesmith v Cessnock Truck Tyre Centre Pty Ltd [2008] NSWCA 342

HEARING DATE(S): 2 December 2008 JUDGMENT OF: Ipp JA at 1, 55; Handley AJA at 50; Nicholas J at 54

EX TEMPORE JUDGMENT DATE: 2 December 2008

DECISION: Appeal dismissed with costs and the application for leave to appeal be dismissed with costs.

CATCHWORDS: DAMAGES - appeal against quantum of damages - challenge to trial judge's findings on impairment of earning capacity - EVIDENCE - witnesses - corroboration - plaintiff's contemporaneous statements

CATEGORY: Principal judgment

PARTIES: Shane Shoesmith (Appellant) Cessnock Truck Tyre Centre Pty Ltd (Respondent)

FILE NUMBER(S): CA 40845/07

COUNSEL: J E Sexton SC; C Hart (Appellant) D J Russell SC (Respondent)

SOLICITORS: Bale Boshev Lawyers (Appellant) Sparke Helmore (Respondent)

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 558/06

LOWER COURT JUDICIAL OFFICER: A Balla DCJ

LOWER COURT DATE OF DECISION: 9 November 2007

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40845/07 DC 558/06

IPP JA HANDLEY AJA NICHOLAS J

2 DECEMBER 2008 Shane SHOESMITH v CESSNOCK TRUCK TYRE CENTRE PTY LTD Judgment 1 IPP JA: This is an appeal and an application for leave to cross-appeal arising out of a claim for damages for personal injuries sustained in a motor vehicle accident that occurred on 8 December 2004. 2 The appellant was the plaintiff below and the respondent the defendant. 3 The trial judge, Balla DCJ, found that the accident was caused by the failure of the hydraulic brake system of the vehicle that the appellant was driving at the time.