KERR v KRSTEVSKI [1997] NSWCA 175

KERR v KRSTEVSKI [1997] NSWCA 175

The trial judge's findings on credibility and fact, including reliance on the appellant's inconsistent statement and dismissal of the significance of post-collision vehicle positions, were open on the evidence. The inference that the appellant cut the bend and crossed onto the incorrect side of the road was justified; no appealable error was demonstrated.

Parties
Appellant, Plaintiff (at Trial), Defendant (in Cross Action): Kerr; Respondent, Defendant (at Trial), Plaintiff (in Cross Action): Krstevski
Jurisdiction
Australia
Judgment Date
01 September 1997
Procedural Posture
Civil Appeal (motor Vehicle Accident, Damages for Negligence) / Court of Appeal Judgment on Appeal From District Court
Outcome
Both appeals dismissed with costs.
Legal Topics
Negligence, Motor Vehicle Accidents, Credibility of Witnesses, Damages
Torts Negligence Motor Vehicle Accidents Credibility of Witnesses Damages

Case Brief

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Parties

Kerr

Appellant, Plaintiff (at Trial), Defendant (in Cross Action)

Krstevski

Respondent, Defendant (at Trial), Plaintiff (in Cross Action)

Procedural Posture

Civil Appeal (motor Vehicle Accident, Damages for Negligence) / Court of Appeal Judgment on Appeal From District Court

Legal Issues

  1. 1 Whether the trial judge erred in factual findings regarding which party was at fault for the motor vehicle accident
  2. 2 Whether undue weight was placed on the appellant's inconsistent police statement
  3. 3 Whether it was an error to disregard the position of vehicles post-collision

Ratio Decidendi

The trial judge's findings on credibility and fact, including reliance on the appellant's inconsistent statement and dismissal of the significance of post-collision vehicle positions, were open on the evidence. The inference that the appellant cut the bend and crossed onto the incorrect side of the road was justified; no appealable error was demonstrated.

Court Disposition

Both appeals dismissed with costs.

Orders

  • Both appeals are dismissed with costs.