HALL v SLOANE [1994] NSWCA 120

HALL v SLOANE [1994] NSWCA 120

The trial judge's findings were based on limited acceptance of the plaintiff's evidence and credibility, which cannot be disturbed as there was supporting evidence; therefore, the appeal should be dismissed.

Parties
Appellant: Hall; Respondent: Sloane
Jurisdiction
Australia
Judgment Date
14 October 1994
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Assessment of Disability, Damages, Credibility of Evidence
Tort Law Personal Injury Assessment of Disability Damages Credibility of Evidence

Case Brief

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Parties

Hall

Appellant

Sloane

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Was the assessment of disability and award of damages correct?
  2. 2 Should the trial judge's findings based on credibility be disturbed?

Ratio Decidendi

The trial judge's findings were based on limited acceptance of the plaintiff's evidence and credibility, which cannot be disturbed as there was supporting evidence; therefore, the appeal should be dismissed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs