O'Halloran v Roth [2008] NSWCA 65

References by the primary judge to unadmitted expert evidence were immaterial to the outcome; findings of fact were open on the evidence, not glaringly improbable; and no error was shown in the apportionment of contributory negligence or in the standard of care applied. Both appeals fail on these bases.

Jurisdiction: Australia
Judgment Date: 15 April 2008
Procedural Posture: Appeal / Judgment on Application for Leave to Appeal and Cross Appeal and Final Orders
Outcome: Appeal and cross-appeal dismissed after leave granted
Legal Topics: ['negligence' 'contributory Negligence' 'personal Injury' 'apportionment of Liability' 'procedural Fairness on Appeal']

['tort Law'] ['negligence' 'contributory Negligence' 'personal Injury' 'apportionment of Liability' 'procedural Fairness on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Appeal / Judgment on Application for Leave to Appeal and Cross Appeal and Final Orders

Legal Issues

1 ["Whether the primary judge's decision was materially affected by reference to parts of experts' reports not admitted into evidence" 'Whether findings of fact by the primary judge were glaringly improbable' 'Whether apportionment of responsibility for the accident was appealably wrong' 'Whether the standard of care applied was correct']

Ratio Decidendi

Court Disposition

Appeal and cross-appeal dismissed after leave granted

Orders

['Leave granted to appeal and to cross-appeal.' 'Notice of appeal and notice of cross-appeal to be filed within 14 days.' 'Appeal and cross-appeal dismissed.' "Defendant to pay three-quarters of the plaintiff's costs of the appeal and cross-appeal."]