BRIDGES v GRANT [1991] NSWCA 32

BRIDGES v GRANT [1991] NSWCA 32

The trial judge erred by basing findings on judicial knowledge and drawing unwarranted inferences without evidentiary basis, particularly relating to the respondent's posture and its connection to the accident. Medical evidence accepted by the appellate court indicated only a mild, temporary disability not affecting earning capacity. Damages must be assessed accordingly.

Parties
Appellant: Bridges; Respondent: Grant
Jurisdiction
Australia
Judgment Date
26 November 1991
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Judicial Notice, Assessment of Damages, Causation, Impaired Earning Capacity
Negligence Personal Injury Judicial Notice Assessment of Damages Causation Impaired Earning Capacity

Case Brief

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Parties

Bridges

Appellant

Grant

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Did the trial judge erroneously take judicial notice of matters not within common knowledge?
  2. 2 Did the trial judge erroneously draw an inference from a rejected question?
  3. 3 Was there sufficient evidence of causal nexus between accident and impairment?

Ratio Decidendi

The trial judge erred by basing findings on judicial knowledge and drawing unwarranted inferences without evidentiary basis, particularly relating to the respondent's posture and its connection to the accident. Medical evidence accepted by the appellate court indicated only a mild, temporary disability not affecting earning capacity. Damages must be assessed accordingly.

Court Disposition

appeal allowed

Orders

  • Appeal allowed.
  • Judgment of Mahoney DCJ of 23 May 1989 set aside except for costs.