Bezer v Bassan

(2019) 87 MVR 447; [2019] NSWCA 50

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Motor vehicle accident
4. › Single vehicle accident
5. › Identification of driver
6. › Whether appellant proved respondent was driver on balance of probabilities
1. Appeal
2. › Fact finding by primary judge
3. › Segmented approach to decision-making
4. › Whether impermissible to determine ultimate issue before considering all relevant evidence
5. › Whether error material
6. › Whether substantial wrong or miscarriage of justice
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.53
1. Evidence
2. › Expert evidence
3. › Joint expert report
4. › Admissibility of matters not agreed between experts
5. › Uniform Civil Procedure Rules 2005 (NSW), r 31.26(4)
1. Appeal
2. › Appellate review of findings of fact
3. › Credit findings of primary judge
4. › Whether findings fundamentally flawed
5. › Fox v Percy (2003) 214 CLR 118

Quick Take

Trial judges should avoid language characterising individual findings as 'fatal' or 'dispositive' of a claim before all relevant evidence has been considered, as this may constitute substantive error in the fact-finding process even if the ultimate result is correct.