TRIMEN v JANES [1988] NSWCA 161

TRIMEN v JANES [1988] NSWCA 161

Once the trial judge accepted the evidence of Mr Forster that the collision occurred 150 metres northwest of the beacon in deep water, not at the reef, there was no basis to overturn the finding. The trial judge's assessment of witness credibility, based on seeing and hearing the witness, is not to be lightly disturbed on appeal absent clear error or inconsistency with incontrovertible facts.

Parties
Plaintiff/appellant: Trimen; Defendant/respondent: Janes
Jurisdiction
Australia
Judgment Date
17 February 1988
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Negligence, Personal Injuries, Appellate Review, Credibility of Witnesses
Torts Civil Procedure Negligence Personal Injuries Appellate Review Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Trimen

Plaintiff/appellant

Janes

Defendant/respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in accepting the evidence of Mr Forster as to the location and cause of the collision
  2. 2 Whether the verdict for the defendant was against the evidence

Ratio Decidendi

Once the trial judge accepted the evidence of Mr Forster that the collision occurred 150 metres northwest of the beacon in deep water, not at the reef, there was no basis to overturn the finding. The trial judge's assessment of witness credibility, based on seeing and hearing the witness, is not to be lightly disturbed on appeal absent clear error or inconsistency with incontrovertible facts.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.