FARAGE v BUTTIEGIEG [1998] NSWCA 77

FARAGE v BUTTIEGIEG [1998] NSWCA 77

The trial judge’s findings that the appellant sustained only a minor soft tissue injury, overstated her symptoms and sequelae, and suffered no significant impairment or future economic loss were findings of fact open on the evidence, particularly in light of conflicting medical opinions and credibility assessments. It is not a case where appellate interference is warranted.

Parties
Appellant: Farage; Respondent: Buttigieg
Jurisdiction
Australia
Judgment Date
28 May 1998
Procedural Posture
Appeal / Judgment of the Court of Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Motor Vehicle Accident, Damages, Findings of Fact, Appellate Review, Credibility of Witness
Torts Personal Injury Motor Vehicle Accident Damages Findings of Fact Appellate Review Credibility of Witness

Case Brief

Summary, issues, holding and outcome

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Parties

Farage

Appellant

Buttigieg

Respondent

Procedural Posture

Appeal / Judgment of the Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in finding that the appellant overstated her injuries and the sequelae from the accident
  2. 2 Whether the trial judge’s findings about the severity of the injuries and entitlement to damages were open on the evidence
  3. 3 Whether the trial judge erred in rejecting the medical evidence tendered by the appellant

Ratio Decidendi

The trial judge’s findings that the appellant sustained only a minor soft tissue injury, overstated her symptoms and sequelae, and suffered no significant impairment or future economic loss were findings of fact open on the evidence, particularly in light of conflicting medical opinions and credibility assessments. It is not a case where appellate interference is warranted.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs