Simoes v Kel Campbell Pty Ltd; Simoes v Moon [2018] NSWCA 284

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Simoes v Kel Campbell Pty Ltd; Simoes v Moon [2018] NSWCA 284 Hearing dates: 21 May 2018 Decision date: 22 November 2018 Before: McColl JA at [1]; Basten JA at [2]; Lonergan J at [47] Decision: In each matter:

(1) Application for leave to appeal dismissed.

(2) Applicant to pay the respondent's costs. Catchwords: APPEALS – leave to appeal – applicant purported to file notices of appeal as of right when leave required – summons seeking leave filed out of time on day of hearing – whether extension of time to file leave summons should be granted – whether leave to appeal should be granted

EVIDENCE – admissions – civil proceedings – applicant claimed to have green light when entering intersection – applicant made admission to the contrary to police in interview – notebook entry regarding interview admitted without objection – whether evidence of admission should have been excluded on basis it was influenced by violent, oppressive, inhuman or degrading conduct – Evidence Act 1995 (NSW), s 84

EVIDENCE – medical records – clinical notes included history of motor vehicle accident seemingly inconsistent with applicant's evidence – clinical notes tendered by applicant without explanation or reservation – whether trial judge approached medical records with appropriate caution – Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 referred to Legislation Cited: District Court Act 1973 (NSW), s 127 Evidence Act 1995 (NSW), s 84 Cases Cited: Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 Category: Principal judgment Parties: 2017/262699: Americo Nuno Simoes (Applicant) Kel Campbell Pty Ltd (Respondent)