Davie v Manuel

(2024) 107 MVR 147; [2024] WASCA 21

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Causation
4. › Factual causation
5. › Whether absence of working speedometer caused or materially contributed to accident
6. › Whether trial judge's finding on causation illogical or unreasonable
7. › Civil Liability Act 2002 (WA), ss 5C, 5D
1. Practice and Procedure
2. › Procedural fairness
3. › Trial judge's findings adverse to party
4. › Whether trial judge denied procedural fairness by making finding not put to witness
5. › Whether finding that evidence was 'contrived' constituted adverse credibility finding requiring notice
1. Evidence
2. › Rule in Browne v Dunn
3. › Whether failure to cross-examine on matter precluded adverse finding
4. › Whether witness on notice that evidence was in contest
5. › Meaning of 'contrived' as distinct from dishonesty finding

Quick Take

A trial judge's finding that evidence is 'contrived' does not necessarily constitute an adverse credibility finding requiring compliance with the rule in Browne v Dunn; it may instead be a finding about the cogency or plausibility of the evidence.