The Nominal Defendant v Cordin [2019] NSWCA 85

Leeming JA; Sackville & Simpson AJJA
Motor accidents compensation – respondent cyclist contended he was injured when motor vehicle struck rear of his bicycle, throwing him forward and onto road – respondent successfully sued appellant – Court allowed appeal and ordered new trial – respondent succeeded again on new trial – primary judge found respondent discharged onus to prove injury caused by ‘collision with an unidentified motor vehicle’ and driver breached duty of care – primary judge gave judgment for respondent – appellant appealed – appellant challenged ‘factual findings’, conclusions and reasoning of primary judge – appellant also challenged indemnity costs order – whether ‘critical finding’ that respondent ‘was “shunted” from behind’ erroneous – expert evidence – whether Court had reason to intervene – whether primary judge’s findings “glaringly improbable” or “contrary to compelling inferences” – r42.14 Uniform Civil Procedure Rules 2005 (NSW) – held: appeal dismissed.
View Decision