Martin v State of NSW & Anor [2002] NSWCA 337

Martin v State of NSW & Anor [2002] NSWCA 337

The appeal failed because the trial judge's findings that the alleged touchings were either innocent, accidental or not proved were open on the evidence and depended on credibility assessments that warranted appellate restraint. The record suggesting an apology did not require a finding of deliberate touching. The Tab D documents did not provide a basis for appellate intervention because the tender against the second respondent was withdrawn or not pressed, any admissibility as tendency evidence was subject to a proper notice, the notices and documents were too general, and the material lacked significant probative value or could not have caused a substantial miscarriage.

Jurisdiction
Australia
Judgment Date
21 November 2002
Procedural Posture
Appeal From District Court Verdict for Defendants in Damages Claims for Assault, Battery, Sexual Harassment, Workplace Safety and Employment Contract Breach / Court of Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['sexual Harassment' 'assault and Battery' 'tendency Evidence' 'credibility Findings on Appeal' 'workplace Safety' 'vicarious Liability']
['evidence' 'tort' 'employment Law' 'appellate Procedure'] ['sexual Harassment' 'assault and Battery' 'tendency Evidence' 'credibility Findings on Appeal' 'workplace Safety' 'vicarious Liability']

Case Brief

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Procedural Posture

Appeal From District Court Verdict for Defendants in Damages Claims for Assault, Battery, Sexual Harassment, Workplace Safety and Employment Contract Breach / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the trial judge erred in finding that the van incident on 28 January 1998 involved unintentional contact rather than deliberate touching.' "Whether the trial judge's factual findings based on credibility should be disturbed on appeal." 'Whether documents concerning prior conduct by the second respondent were wrongly rejected or confined as tendency evidence.' 'Whether any error concerning the tender of the Tab D documents caused a substantial wrong or miscarriage.']

Ratio Decidendi

The appeal failed because the trial judge's findings that the alleged touchings were either innocent, accidental or not proved were open on the evidence and depended on credibility assessments that warranted appellate restraint. The record suggesting an apology did not require a finding of deliberate touching. The Tab D documents did not provide a basis for appellate intervention because the tender against the second respondent was withdrawn or not pressed, any admissibility as tendency evidence was subject to a proper notice, the notices and documents were too general, and the material lacked significant probative value or could not have caused a substantial miscarriage.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']