DI PIETRO v HAMILTON [1990] NSWCA 53

DI PIETRO v HAMILTON [1990] NSWCA 53

The trial judge's finding in favour of the defendant based on the impression as to the truthfulness of the first respondent's evidence was not shown to be palpably wrong or inconsistent with the proven facts, and therefore could not be disturbed on appeal.

Parties
Appellant: Vincenzo Di Pietro; First Respondent: Laura Hamilton; Second Respondent: Fernando Horcada
Jurisdiction
Australia
Judgment Date
06 September 1990
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Appeals, Personal Injury, Fact Finding, Assessment of Damages
Tort Law Civil Procedure Appeals Personal Injury Fact Finding Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Vincenzo Di Pietro

Appellant

Laura Hamilton

First Respondent

Fernando Horcada

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the trial judge erred in accepting the first respondent's version of the accident
  2. 2 Whether the appellate court could disturb a finding based on impression of the witness's truthfulness
  3. 3 Whether the trial judge was required to determine damages contingently on reversal of the decision on liability

Ratio Decidendi

The trial judge's finding in favour of the defendant based on the impression as to the truthfulness of the first respondent's evidence was not shown to be palpably wrong or inconsistent with the proven facts, and therefore could not be disturbed on appeal.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.