ROBERTS v LALOGIANNIS [1989] NSWCA 178

ROBERTS v LALOGIANNIS [1989] NSWCA 178

The appeal must be dismissed because the trial judge was entitled to make findings of fact based on witness credibility, no sufficient reason was shown to overturn them, and the errors identified were not sufficient to warrant appellate interference.

Parties
Appellant: Roberts; Respondent: Lalogiannis
Jurisdiction
Australia
Judgment Date
01 December 1989
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Motor Vehicle Collision, Findings of Fact, Appellate Review
Common Law Personal Injury Motor Vehicle Collision Findings of Fact Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Roberts

Appellant

Lalogiannis

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge's findings of fact regarding liability for the motor vehicle accident should be overturned on appeal

Ratio Decidendi

The appeal must be dismissed because the trial judge was entitled to make findings of fact based on witness credibility, no sufficient reason was shown to overturn them, and the errors identified were not sufficient to warrant appellate interference.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs