CRISP v ROSS [1995] NSWCA 107

CRISP v ROSS [1995] NSWCA 107

The trial judge was entitled to reject the appellant's credibility based on substantial evidence, and did not misunderstand or misapply the medical evidence relating to the appellant's back injury. The appellant failed to establish grounds for a new trial on damages.

Parties
Appellant: CRISP; Respondent: ROSS
Jurisdiction
Australia
Judgment Date
07 December 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Assessment of Damages, Credibility of Witness
Damages Personal Injury Assessment of Damages Credibility of Witness

Case Brief

Summary, issues, holding and outcome

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Parties

CRISP

Appellant

ROSS

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant lacked credibility
  2. 2 Whether the trial judge misunderstood the evidence relating to the appellant's back injury
  3. 3 Whether damages awarded were properly assessed

Ratio Decidendi

The trial judge was entitled to reject the appellant's credibility based on substantial evidence, and did not misunderstand or misapply the medical evidence relating to the appellant's back injury. The appellant failed to establish grounds for a new trial on damages.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.