KELLIE GAYLE REID v SUSAN SKEPEVSKA [1993] NSWCA 230

KELLIE GAYLE REID v SUSAN SKEPEVSKA [1993] NSWCA 230

The plaintiff failed to establish, on the balance of probabilities, a causal link between the accident and the alleged lower back injury, and the trial judge's findings on credibility and medical evidence were open and unassailable.

Parties
Appellant/plaintiff: Kellie Gayle Reid; Respondent/defendant: Susan Skepevska
Jurisdiction
Australia
Judgment Date
22 March 1993
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed with costs
Legal Topics
Personal Injury, Causation, On the Balance of Probabilities
Tort Personal Injury Causation On the Balance of Probabilities

Case Brief

Summary, issues, holding and outcome

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Parties

Kellie Gayle Reid

Appellant/plaintiff

Susan Skepevska

Respondent/defendant

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the plaintiff established a causal link between the 10 April 1982 accident and the claimed lower back injury
  2. 2 Whether the trial judge misinterpreted or misapplied the evidence, including medical evidence
  3. 3 Whether the plaintiff's evidence was credible

Ratio Decidendi

The plaintiff failed to establish, on the balance of probabilities, a causal link between the accident and the alleged lower back injury, and the trial judge's findings on credibility and medical evidence were open and unassailable.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.