Catchwords
Negligence – Apportionment of liability – Assessment of causative factors in motor vehicle and pedestrian accident – Role of appellate court – Whether Court of Appeal justified in preferring own findings of fact to those of trial judge – Disadvantages faced by appellate court in assessing evidence – Where Court of Appeal made own assessment of photographs in evidence in preference to oral evidence of witnesses at trial – Where trial judge had undertaken viewing of accident site – Where Court of Appeal made speed, distance and timing calculations not proposed at trial.
Words and phrases – "appeal".
Evidence Act 1995 (NSW) – s 54.
Supreme Court Act 1970 (NSW) – s 75A.