THE NOMINAL DEFENDANT v WRIGHT [1990] NSWCA 139

THE NOMINAL DEFENDANT v WRIGHT [1990] NSWCA 139

The findings of negligence against the appellant and the assessment of damages were based on an assessment of witness credibility and evidence, which the Court of Appeal was not satisfied were glaringly improbable or inadequately reasoned, including the Master's discretion not to find intoxication or contributory negligence. The appeal and cross-appeal both failed.

Parties
Appellant: The Nominal Defendant; Respondent: Wright
Jurisdiction
Australia
Judgment Date
26 November 1990
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed; cross-appeal dismissed
Legal Topics
Negligence, Contributory Negligence, Damages
Tort Law Negligence Contributory Negligence Damages

Case Brief

Summary, issues, holding and outcome

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Parties

The Nominal Defendant

Appellant

Wright

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Master erred in finding negligence against the appellant.
  2. 2 Whether contributory negligence should have been found against the respondent.
  3. 3 Whether the Master erred in failing to find or give weight to evidence relating to intoxication.

Ratio Decidendi

The findings of negligence against the appellant and the assessment of damages were based on an assessment of witness credibility and evidence, which the Court of Appeal was not satisfied were glaringly improbable or inadequately reasoned, including the Master's discretion not to find intoxication or contributory negligence. The appeal and cross-appeal both failed.

Court Disposition

appeal dismissed; cross-appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • The cross-appeal is dismissed with costs.