CAMILLERI v ALLEN [1988] NSWCA 19

CAMILLERI v ALLEN [1988] NSWCA 19

The trial judge erred by relying on evidence not adduced in court, which related to the plaintiff's credibility and the causal link between the accident and injury, resulting in a denial of natural justice. Since the outcome may have been different but for this error, the judgment was set aside and a new trial ordered, limited to damages.

Parties
Appellant: Camilleri; Respondent: Allen
Jurisdiction
Australia
Judgment Date
17 March 1988
Procedural Posture
Appeal / Appeal Determination; Judgment on Appeal
Outcome
Appeal allowed; judgment below set aside; new trial ordered limited to damages; costs of first trial to be costs in new trial; respondent to pay costs of appeal; certificate under the Suitors Fund Act granted.
Legal Topics
Natural Justice, Damages Assessment, Motor Vehicle Accident
Civil Procedure Natural Justice Damages Assessment Motor Vehicle Accident

Case Brief

Summary, issues, holding and outcome

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Parties

Camilleri

Appellant

Allen

Respondent

Procedural Posture

Appeal / Appeal Determination; Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge relied on evidence not before the Court, thus denying natural justice
  2. 2 Whether findings regarding credibility and causal connection between accident and injury were properly made

Ratio Decidendi

The trial judge erred by relying on evidence not adduced in court, which related to the plaintiff's credibility and the causal link between the accident and injury, resulting in a denial of natural justice. Since the outcome may have been different but for this error, the judgment was set aside and a new trial ordered, limited to damages.

Court Disposition

Appeal allowed; judgment below set aside; new trial ordered limited to damages; costs of first trial to be costs in new trial; respondent to pay costs of appeal; certificate under the Suitors Fund Act granted.

Orders

  • Appeal allowed
  • Judgment below set aside