Lewis v Shimokawa [2012] NSWCA 300

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lewis v Shimokawa [2012] NSWCA 300 Hearing dates: 27 July 2012 Decision date: 24 September 2012 Before: Bathurst CJ; at [1] McColl JA; at [2] Hoeben JA; at [3] Decision: (1) Appeal dismissed. (2) Appellant to pay the respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORT - negligence - motor vehicle accident - consecutive collisions - whether appellant was in her vehicle at time of second collision - credit findings by trial judge - rejection of appellant's evidence and acceptance of evidence of witnesses of respondent - whether evidence of respondent's witnesses had been contaminated by post-accident discussions and the conduct of an investigator - whether "incontrovertible facts" inconsistent with his Honour's findings existed - whether his Honour's findings were "glaringly improbable" or "contrary to compelling inferences" - whether content of an expert report should have been specifically referred to by his Honour - no basis for interfering with the decision of trial judge established. Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Director General of Department of Community Services, Re Sophie [2008] NSWCA 250 Fox v Percy [2003] HCA 22; 214 CLR 118 Palmer v Dolman [2005] NSWCA 361 Shimokawa v Lewis [2009] NSWCA 266 Category: Principal judgment Parties: Rebecca Lewis - Appellant Shizunori Shimokawa - Respondent Representation: Counsel: Ms S Norton SC/Ms M Fraser - Appellant Mr K Rewell SC/Mr A Renshaw - Respondent Solicitors: Brydens Law Office - Appellant Sparke Helmore - Respondent File Number(s): 2007/290379 Decision under appeal Date of Decision: 2011-07-01 00:00:00 Before: Colefax DCJ File Number(s): 2007/290379