TREVOR HARDY v ARTHUR HANMAN [1995] NSWCA 192
The trial judge's findings were supported by ample evidence; the correct legal principles were applied; there was no error warranting appellate intervention.
Source-derived case information.
- Parties
- Appellant: Trevor Hardy; Respondent: Arthur Hanman
- Jurisdiction
- Australia
- Judgment Date
- 08 December 1995
- Procedural Posture
- Appeal / Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Damages, Motor Vehicle Accident, Personal Injury, Assessment of Impairment
Tort Law Damages Motor Vehicle Accident Personal Injury Assessment of Impairment
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Summary, issues, holding and outcome
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Parties
Trevor Hardy
Appellant
Arthur Hanman
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge erred in finding the respondent suffered injury in the motor vehicle accident
- 2 Whether the trial judge correctly applied s.79 of the Motor Accidents Act
- 3 Whether the trial judge erred in accepting evidence of aggravation of a cervical spine condition
Ratio Decidendi
The trial judge's findings were supported by ample evidence; the correct legal principles were applied; there was no error warranting appellate intervention.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed
- Appellant to pay costs
Full Case Text
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