Allen v Robbie [2015] NSWCA 247

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Allen v Robbie [2015] NSWCA 247 Hearing dates: 23 July 2015 Date of orders: 25 August 2015 Decision date: 25 August 2015 Before: McColl JA at 1; Simpson JA at 2; Harrison J at 3. Decision: Appeal dismissed with costs Catchwords: APPEAL – negligence – motor vehicle accident – plaintiff pedestrian struck by car turning onto roadway – findings – whether trial judge made findings of fact sufficient to support his conclusions – whether trial judge engaged in a rational examination or analysis of the evidence

EVIDENCE – expert report– whether expert possessed special or particular knowledge or understanding of the plaintiff's pre-accident work – where expert offered opinions not based on expertise – whether trial judge erred in rejecting tender of expert report

DAMAGES – economic loss – whether plaintiff's pre-accident earnings were a genuine reflection of her earning capacity Legislation Cited: Civil Liability Act 2002 Motor Accidents Compensation Act 1999 Category: Principal judgment Parties: Lisa Victoria Allen (Appellant) Jeanette Robbie (Respondent) Representation: Counsel: R R Stitt QC & D Wilson (Appellant) J E Sexton SC & L T Grey (Respondent)

Solicitors: Gillis Delaney Lawyers (Appellant) Slater and Gordon Lawyers (Respondent) File Number(s): 2014/318098 Publication restriction: Nil Decision under appeal Court or tribunal: District Court Jurisdiction: New South Wales Date of Decision: 10 October 2014 Before: Williams ADCJ File Number(s): 2013/54514