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Lee v Lee
Hsu v RACQ Insurance Limited
Lee v RACQ Insurance Limited

[2019] HCA 28
Judgment date
Case number
B61/2018
B62/2018
B63/2018
Before
Kiefel CJ, Bell, Gageler, Nettle, Edelman JJ
Catchwords

Insurance law – Motor vehicles – Personal injury – Where appellant injured in motor vehicle collision – Where appellant gave evidence father driving vehicle at time of collision – Where appellant alleged injuries caused by negligence of father – Where appellant’s blood located on driver's airbag – Where expert evidence relating to possible source of blood – Where expert evidence relating to seatbelt and airbag design – Where trial judge concluded appellant driving vehicle – Where Court of Appeal dismissed appeal – Whether trial judge's findings glaringly improbable or contrary to compelling inferences.
Appeal – Rehearing – Where trial judge drew inferences and made findings of fact based on lay and expert evidence – Where Court of Appeal found inferences wrong in material respects – Whether Court of Appeal erred in failing to conclude trial judge misused advantage as trial judge – Whether Court of Appeal failed to conduct "real review" of evidence given and trial judge's reasons for judgment.
Words and phrases – "contrary to compelling inferences", "glaringly improbable", "real review", "trial judge's advantage".

Files
28.rtf (247.53 KB)
28.pdf (312.63 KB)