SARELIUS v TAO [1991] NSWCA 241

SARELIUS v TAO [1991] NSWCA 241

No objective or incontrovertible facts were established to displace the primary judge's findings in favour of the plaintiff/respondent, which were based in part on credibility assessments and were therefore not open to be disturbed by the appellate court under current High Court authority.

Parties
Appellant: Sarelius; Respondent: Tao
Jurisdiction
Australia
Judgment Date
20 August 1991
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Pedestrian Injury, Appellate Review of Facts, Admission of Documentary Evidence, Credit of Witnesses
Negligence Evidence Law Pedestrian Injury Appellate Review of Facts Admission of Documentary Evidence Credit of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Sarelius

Appellant

Tao

Respondent

Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 Whether the appellate court should overturn the trial judge's findings of fact in a negligence action based on conflicts in witness evidence and alleged objective improbabilities.
  2. 2 What weight should be given to a written statement of an overseas witness admitted under s14B of the Evidence Act?

Ratio Decidendi

No objective or incontrovertible facts were established to displace the primary judge's findings in favour of the plaintiff/respondent, which were based in part on credibility assessments and were therefore not open to be disturbed by the appellate court under current High Court authority.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.