KASSEM v CROSSLEY & ANOR; KASSEM v KRAYEM & ANOR [2000] NSWCA 276

KASSEM v CROSSLEY & ANOR; KASSEM v KRAYEM & ANOR [2000] NSWCA 276

A new trial was required because the trial judge relied on adverse observations of the appellant's behaviour in the courtroom without giving fair notice or an opportunity to explain or rebut, thereby denying procedural fairness.

Jurisdiction
Australia
Judgment Date
13 June 2000
Procedural Posture
Civil Appeal / Appeal From District Court Judgment
Outcome
Appeal allowed
Legal Topics
['damages' 'procedural Fairness' 'natural Justice' 'assessment of Witness Credibility']
['civil Procedure' 'motor Vehicle Law'] ['damages' 'procedural Fairness' 'natural Justice' 'assessment of Witness Credibility']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 ["Whether trial judge fairly disclosed intention to rely upon her observations of appellant's behaviour in courtroom" 'Whether appellant was denied procedural fairness/natural justice']

Ratio Decidendi

A new trial was required because the trial judge relied on adverse observations of the appellant's behaviour in the courtroom without giving fair notice or an opportunity to explain or rebut, thereby denying procedural fairness.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed.' 'Verdict and judgment in the District Court set aside.' 'New trial ordered on issues of damages.' 'Costs of earlier trials to be at discretion of judge hearing the new trial.' "Respondents to pay appellant's costs of the appeal and to have a certificate under the Suitors Fund Act if qualified."]