Nominal
Defendant v Ismail (NSWCA) - negligence - motor
vehicle accident - inadmissible evidence - retrial on liability (I)
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Hitchcock
v Goldspan Investments Pty Ltd [No 2] (WASC) - costs -
freezing orders - exercise of discretion where no contested hearing (B)
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Hitchcock
v Goldspan Investments Pty Ltd [No 2] (WASC) - costs -
freezing orders - exercise of discretion where no contested hearing (B)
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| Summaries With Link (Five Minute Read) |
Nominal
Defendant v Ismail
[2014] NSWCA 432
Court of Appeal of New South
Wales
Basten, Barrett & Emmett
JJA
Negligence - motor vehicle
accident - Ismail lost control of vehicle and collided with car - Ismail
alleged loss of control caused when unidentified sedan made abrupt stop in
front of her - truck driver behind Ismail claimed there was no sedan and that
accident caused by unidentified semi-trailer attempting to merge - primary
judge found there was both sedan and semi-trailer which contributed to accident
- primary judge found for Ismail - Nominal Defendant challenged admissibility
of traffic engineer's opinion and adequacy of trial judge's findings in
reconciling inconsistent accounts of accident - Ismail cross-appealed on
assessment of damages - held: report inadmissible as expert evidence as traffic
engineer did not profess specialised knowledge in identifying how events
perceived and recalled by different persons - approach taken by primary judge
to reconcile accounts depended on admissibility of the evidence - finding on
liability set aside - retrial ordered on liability
Nominal Defendant
(I)
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Nominal
Defendant v Ismail
[2014] NSWCA 432
Court of Appeal of New South
Wales
Basten, Barrett & Emmett
JJA
Negligence - motor vehicle
accident - Ismail lost control of vehicle and collided with car - Ismail
alleged loss of control caused when unidentified sedan made abrupt stop in
front of her - truck driver behind Ismail claimed there was no sedan and that
accident caused by unidentified semi-trailer attempting to merge - primary
judge found there was both sedan and semi-trailer which contributed to accident
- primary judge found for Ismail - Nominal Defendant challenged admissibility
of traffic engineer's opinion and adequacy of trial judge's findings in
reconciling inconsistent accounts of accident - Ismail cross-appealed on
assessment of damages - held: report inadmissible as expert evidence as traffic
engineer did not profess specialised knowledge in identifying how events
perceived and recalled by different persons - approach taken by primary judge
to reconcile accounts depended on admissibility of the evidence - finding on
liability set aside - retrial ordered on liability
Nominal Defendant
(I)
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Zafiriou v
Saint-Gobain Administration Pty Ltd [2014] VSCA 331
Court of Appeal of Victoria
Osborn & Whelan JJA; Ginnane AJA
Evidence - contract - appellant formerly employed by
respondent - appellant’s employment terminated - appellant claimed entitlement
to amount under provision of written contract of employment which provided for
a severance payment if his employment was terminated for reasons of redundancy/retrenchment
- trial judge concluded employment not terminated for reasons of
‘redundancy/retrenchment’ and that primary claim should be dismissed - critical
issue on appeal was whether fresh evidence had rendered trial judge’s
conclusions unsafe - held: not realistically possible for Court to form
concluded judgment on ultimate probative significance of fresh evidence - fresh
evidence raised sufficient basis to require further trial - appeal allowed in
part - certain claims dismissed - matter otherwise remitted for further hearing
by different judge of trial division.
Zafiriou
(I B)
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