WHITE AND Anor v HAYDEN [1997] NSWCA 341

WHITE AND Anor v HAYDEN [1997] NSWCA 341

The trial judge's findings on the respondent's credibility and ongoing impairment were open on the evidence and justified the assessment of non-economic loss at 18% of a most extreme case under s79 of the Motor Accidents Act 1988. The appeal court should not intervene as no relevant error is demonstrated.

Parties
Appellants: White & Anor; Respondent: Hayden
Jurisdiction
Australia
Judgment Date
14 November 1997
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Personal Injury, Non Economic Loss, Motor Vehicle Accidents, Appellate Review
Tort Personal Injury Non Economic Loss Motor Vehicle Accidents Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

White & Anor

Appellants

Hayden

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding that the respondent's ability to lead a normal life was significantly impaired for more than 6 months under s79 of the Motor Accidents Act 1988
  2. 2 Whether the factual findings were against the weight of the evidence or 'glaringly improbable'
  3. 3 Whether the trial judge's judgment was inadequate in not resolving conflict between medical evidence and respondent's claims

Ratio Decidendi

The trial judge's findings on the respondent's credibility and ongoing impairment were open on the evidence and justified the assessment of non-economic loss at 18% of a most extreme case under s79 of the Motor Accidents Act 1988. The appeal court should not intervene as no relevant error is demonstrated.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.