Brighten v Traino [2019] NSWCA 168

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Brighten v Traino [2019] NSWCA 168 Hearing dates: 15 March 2019 Date of orders: 08 July 2019 Decision date: 08 July 2019 Before: Basten JA at [1]; Gleeson JA at [134]; Brereton JA at [136] Decision: (1) Allow the appeal and set aside orders 1 and 5 made in the District Court on 30 May 2018. (2) In their place: (a) Give judgment for the plaintiff against the third defendant in an amount of $187,734, to take effect from 30 May 2018; (b) Order that the third defendant pay 2/3rds of the plaintiff's costs of the trial; (c) Dismiss the plaintiff's claims against the first and second defendants; (d) Order that the plaintiff pay the first and second defendants' costs of the trial. (3) Order that the third respondent pay half the appellant's costs of the appeal. (4) Dismiss the appeal against the first and second respondents. (5) Order that the appellant pay the first and second respondents' costs of the appeal, limited to the question of liability. (6) Grant the third respondent a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: EVIDENCE – expert evidence – use of psychometric testing – methodology experimental – lack of explanation justifying acceptance of methodology – plaintiff's medical evidence discounted on basis of tests indicating plaintiff was disingenuous in answering test questions

TORTS – battery – plaintiff punched in the face – whether intentional act intended to cause injury – Civil Liability Act 2002 (NSW), s 3B(1)(a) – whether plaintiff grabbing the back of her assailant's shirt unlawful – whether assailant acted in self-defence under Civil Liability Act, ss 52-53