SHARON COBB v TROY LEE COBB [1996] NSWCA 108

SHARON COBB v TROY LEE COBB [1996] NSWCA 108

The trial judge's assessment of evidence and findings regarding the threshold under s 79(1) of the Motor Accidents Act 1988 were not glaringly improbable or inconsistent with incontrovertible facts, and allegations of bias or inadequate weight to evidence were properly matters for the trial judge; there is no basis...

Source-derived case information.

Parties
Appellant: Sharon Cobb; Respondent: Troy Lee Cobb
Jurisdiction
Australia
Judgment Date
13 May 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Motor Vehicle Accidents, Assessment of Injury, Weight of Evidence, Bias, Threshold for Damages
Tort Law Motor Vehicle Accidents Assessment of Injury Weight of Evidence Bias Threshold for Damages

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Sharon Cobb

Appellant

Troy Lee Cobb

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge failed to give adequate weight to the appellant's documentary medical evidence and her oral evidence
  2. 2 Whether excessive weight was given to the medical evidence presented by the respondent, allegedly biased
  3. 3 Whether the findings of the trial judge regarding the threshold requirements under s 79(1) of the Motor Accidents Act 1988 were glaringly improbable or contrary to incontrovertible facts

Ratio Decidendi

The trial judge's assessment of evidence and findings regarding the threshold under s 79(1) of the Motor Accidents Act 1988 were not glaringly improbable or inconsistent with incontrovertible facts, and allegations of bias or inadequate weight to evidence were properly matters for the trial judge; there is no basis for appellate intervention.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs