Kitoko v Mirvac Real Estate Pty Ltd [2016] NSWCA 201

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kitoko v Mirvac Real Estate Pty Ltd [2016] NSWCA 201 Hearing dates: 20 June 2016 Date of orders: 15 August 2016 Decision date: 15 August 2016 Before: Macfarlan JA at [1] Sackville AJA at [2] Garling J at [3] Decision: (1) Notice of Motion filed 29 February 2016 dismissed. (2) Appeal dismissed. (3) Appellant to pay the respondents' costs. Catchwords: TORTS – negligence – personal injury – where appellant collided with glass sliding door – where CCTV footage of the collision was tendered at trial – where expert witness gave conflicting evidence regarding the CCTV footage – whether the primary Judge erred in rejecting the appellant's factual account of the collision – whether the primary Judge erred in giving weight to the CCTV footage – whether the primary Judge erred in his assessment of damages

APPEAL – civil – Notice of Motion seeking leave to adduce further evidence on appeal – whether there are grounds for adducing the further evidence Legislation Cited: Supreme Court Act 1970 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: Vangu Kitoko (Appellant) Mirvac Real Estate Pty Ltd (1st Respondent) Access Group Solutions (Australia) Pty Ltd (2nd Respondent) Representation: Counsel: In person (Appellant) D Benson (1st Respondent) S Glascott (2nd Respondent)