CCTV footage that clearly contradicts a plaintiff's oral account of an accident is a proper basis for a trial judge to reject the plaintiff's version of events, and an appellate court will not disturb such a finding. Further evidence on appeal under s 75A(8) of the Supreme Court Act 1970 (NSW) requires special grounds, which are not established where the evidence was available at trial or is irrelevant to the issues on appeal.
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