NSW Caselaw
Reported Decision: 74 NSWLR 419[2009] ALMD 440852 MVR 103
New South Wales Court of Appeal
CITATION: Strinic v Singh [2009] NSWCA 15
HEARING DATE(S): 12 November 2008
JUDGMENT DATE: 19 February 2009
JUDGMENT OF: Beazley JA at 1; Ipp JA at 134; Basten JA at 135
1. Appeal allowed; 2. Set aside the judgment and orders made in the Court below; DECISION: 3. Order that the matter be remitted to the District Court for rehearing; 4. Order that the respondent pay the appellant's costs of the appeal. The respondent is to have a certificate under the Suitors' Fund Act 1951; 5. Order that the costs of the first trial abide the outcome of the rehearing in the District Court and be in the discretion of the trial judge on the rehearing.
CATCHWORDS: JUDGES AND COURTS - judicial obligation to make findings of fact on proved evidence - assumption by a judge that his/her knowledge of any particular matter is correct judicial review – procedural fairness - EVIDENCE - witnesses - assessment of the credit of a witness- assessment based on wrong factual findings - EVIDENCE - witnesses - assessment of the credit of a witness- reliance on individual judge's own medical knowledge
Motor Accidents Compensation Act 1999 LEGISLATION CITED: Suitors' Fund Act 1951 Supreme Court Act 1970, s 75A
CATEGORY: Principal judgment
Abalos v Australian Postal Commission [1990] HCA 47; (1990) 171 CLR 167 ABC v Lenah Game Meats Pty Ltd [2001] HCA 63; 208 CLR 199; Arian v Nguyen [2001] NSWCA 5; (2001) 33 MVR 37 Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 Coombes v RTA [2006] NSWCA 229 CSR Ltd v Della Maddalena [2006] HCA 1; (2006) 224 ALR 1 CASES CITED: Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Holland v Jones [1917] HCA 26; (1917) 23 CLR 149 JLT Scaffolding International Pty Ltd (In Liq) v Silva (New South Wales Court of Appeal, 30 March 1994, unreported) Ohlstein bht Ohlstein v E & T Lloyd t/as Otford Farm Trail Rides [2006] NSWCA 226 Saunders v Adderley [1999] 1 WLR 884 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (In Liq) [1999] HCA 3; (1999) 160 ALR 588 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52; 219 CLR 165
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate