Where a trial judge makes adverse credibility findings against the only witnesses to the circumstances of an accident, and those findings are not challenged on appeal, the trial judge's conclusions on contested factual issues that depend on those witnesses' evidence will be upheld. A finding of negligence that is inconsistent with the trial judge's own unchallenged credibility findings constitutes error. In claims against the Nominal Defendant under s 33(1) of the Motor Accidents Compensation Act 1999 (NSW), the claimant bears the burden of establishing that the accident occurred on a 'road' as defined, and uncorroborated evidence of unreliable witnesses is insufficient to discharge that burden.
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