DIMITRY v McPHEE [1995] NSWCA 125
Even if the traffic accident report should have been admitted as a business record, its exclusion was not material and would not have altered the findings or outcome. The trial judge was entitled to rely on the evidence of the defendant and independent witnesses in finding no negligence for the second accident. No error justifying appellate intervention was demonstrated.
- Parties
- Appellant: Dimitry; Respondent: McPhee
- Jurisdiction
- Australia
- Judgment Date
- 30 June 1995
- Procedural Posture
- Appeal / Court of Appeal Decision
- Outcome
- appeal dismissed
- Legal Topics
- Admissibility of Documentary Evidence, Motor Vehicle Accident, Assessment of Damages, Negligence, Psychiatric Injury, Business Records
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Dimitry
Appellant
McPhee
Respondent
Procedural Posture
Appeal / Court of Appeal Decision
Legal Issues
- 1 Whether the traffic accident report (P4) was admissible in evidence under Evidence Act 1898 s 14B or s 14CE
- 2 Whether the trial judge erred in finding no negligence by the defendant in the second accident
- 3 Whether the assessment of damages in relation to each accident was inadequate
Ratio Decidendi
Even if the traffic accident report should have been admitted as a business record, its exclusion was not material and would not have altered the findings or outcome. The trial judge was entitled to rely on the evidence of the defendant and independent witnesses in finding no negligence for the second accident. No error justifying appellate intervention was demonstrated.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment