NSW Caselaw
New South Wales Court of Appeal
CITATION: Grech v Sutton [2009] NSWCA 23
HEARING DATE(S): Wednesday, 18 February 2009
JUDGMENT DATE: 26 February 2009
JUDGMENT OF: Ipp JA at 1; Handley AJA at 2; Hoeben J at 3
DECISION: Appeal dismissed. The appellant to pay the respondent's costs of the appeal.
CATCHWORDS: TORTS - motor vehicle accident - contributory negligence - admissibility of medical reports - whether order limiting effect of evidence pursuant to s 136 Evidence Act 1995 should have been revoked - whether sufficient evidence to establish contributory negligence.
Evidence Act 1995 LEGISLATION CITED: Motor Accident Compensation Act 1999 Uniform Civil Procedure Rules
CATEGORY: Principal judgment
CASES CITED: Devries and Anor v Australian National Railways Commission and Anor (1992-1993) 177 CLR 472 at 479 Fitzgibbon v The Waterways Authority & Ors [2003] NSWCA 294
PARTIES: John Grech - Appellant Gary Russell Sutton - Respondent
FILE NUMBER(S): CA 40749/2007
COUNSEL: B J Gross QC/Dr J Bishop - Appellant P Doherty SC/I McGillicuddy - Respondent
SOLICITORS: Charleston Bishop Legal - Appellant Somerville & Co - Respondent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 001064/2005
LOWER COURT JUDICIAL OFFICER: Coorey DCJ
LOWER COURT DATE OF DECISION: 11 December 2007
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 40749/2007
IPP JA HANDLEY AJA HOEBEN J
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