Where a trial judge rejects a plaintiff's claimed extent of disability, the judge must make positive findings as to the actual nature and extent of injury and its consequences; failure to do so renders damages awards unexplained and internally inconsistent, warranting a new trial. Dusk or darkness and wearing dark clothing can enhance the care required of a reasonable pedestrian because he or she will be harder to see, but this does not impose a standard higher than that of a reasonable person in the position of the plaintiff under s 5R(2) of the Civil Liability Act 2002 (NSW).
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.